United States v. Michael Flowers

476 F. App'x 55
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 5, 2012
Docket09-5500, 09-6200
StatusUnpublished
Cited by8 cases

This text of 476 F. App'x 55 (United States v. Michael Flowers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Michael Flowers, 476 F. App'x 55 (6th Cir. 2012).

Opinions

OPINION

McKEAGUE, Circuit Judge.

Defendant-Appellant Derrick Benton (“Benton”) and Defendant-Appellant Michael Flowers (“Flowers”) were both charged with distributing six grams of cocaine base in violation of 21 U.S.C. § 841 (“Count One”) and possessing a firearm in furtherance of that charge in violation of 18 U.S.C. § 924(c) (“Count Two”). Benton was also charged with five additional violations of 21 U.S.C. § 841. Benton and Flowers ultimately pleaded guilty to all counts except for Count Two. After a jury convicted both defendants of Count Two, Benton and Flowers were sentenced to 120 and 152 months imprisonment, respectively-

On appeal, Benton and Flowers both challenge their conviction for Count Two, arguing insufficient evidence. In addition, Benton claims that his Sixth Amendment right to a speedy trial was violated, and Flowers charges that the district court erred in refusing to grant him a two-level reduction in his base offense level for acceptance of responsibility. We AFFIRM the district court in all respects.

I. BACKGROUND

Factual Background

On June 2, 2006 at 3 a.m., Detective Ian James and his confidential informant (“Cl”) visited Benton and Flowers to purchase drugs. Detective James was an undercover police officer with the Memphis Police Department, and his Cl had reported that Flowers and Benton “do most of their business around this time, and it would be a good time to go ahead and meet them and make a purchase.” Trial Tr. at 267-68.

When Detective James and his Cl knocked on the door, they were greeted by Benton. Once inside, Detective James told Benton that they had come to purchase “a quarter ounce of heart”—a rock form of cocaine—and the men agreed upon a price of $150. Id. at 273-75. Detective James testified about the following interaction between Benton and Flowers:

Mr. Benton went to the back room of this one-bedroom apartment. For a couple of moments he was out of my sight. A short while after that he comes back to the front. That’s when I give him my $150. He goes back to the back ... Benton goes back and forth through the living room a couple of times. On one occasion he comes to the living room, and he has a firearm in his right hand. He comes to the right side of [57]*57Michael Flowers and hands it off to him. Michael Flowers then chambers a round or it appears that he chambers a round and places it in his right pocket.

Id. at 276-77. Flowers then offered his telephone number for Detective James with “the butt of the firearm, the handgrip, out of his pocket,” making it both visible and quickly available. Id. at 283. After Flowers gave Detective James his telephone number, Benton returned to the room and weighed the cocaine. Id. Once Detective James verified the weight of the drugs, he left the apartment with the drugs and his Cl. Id.

Detective James recorded the drug deal on a concealed video camera. At trial, Detective James testified that he was “displeased with the fact that [he] caught everything on camera except the gun,” which was “just below the actual viewing of the camera.” Id. at 288. He explained, however, that the need to ensure the recording device was not detected had made it impossible for him to adjust the video or monitor the camera’s angle during the transaction. Id. at 286-87.

Detective James also testified that Benton and Flowers exchanged the gun “right in front of [him],” id. at 277, and that his experience as an undercover police officer spanned approximately 350 drug deals, many of which involved firearms. Id. at 278. In addition, Officer James testified that he believed Benton and Flowers were sending him the message that “it’s the middle of the night, 3:00 a.m., they didn’t know [him], they weren’t going to get robbed. They had fire power.” Id. at 281. Officer James also testified that Benton and Flowers had both pled guilty to their participation in the drug transaction depicted in the video that was played for the jury. Id. at 285-89; 292-95.

After the jury returned a guilty verdict on Count Two, the court ordered a Presen-tence Report (“PSR”) on Benton and Flowers to facilitate sentencing. The PSR did not recommend a reduction in either Benton’s or Flowers’s base offense level for acceptance of responsibility pursuant to the United States Sentencing Guidelines (“U.S.S.G.”) § 3E1.1. Flowers objected, and the district court overruled his objection on the grounds that Flowers’s decision to go to trial on Count Two signified that he did not wholeheartedly admit to the relevant conduct for those counts in which he pleaded guilty. (R.E. 205, April 17, 2009 Sentencing Transcript, 18-21.) Procedural Background Regarding Benton’s Speedy Trial Claim

Benton was indicted on July 18, 2006, and 904 days passed before his trial began on January 6, 2009. On February 7, 2008, Benton filed a pro se motion for a speedy trial. In addition, Benton filed a second pro se motion requesting exculpatory material. In denying Benton’s second pro se motion, the district court explained that Benton’s motions violated local court rules because he was represented by counsel and not proceeding pro se. As such, the district court instructed the clerk not to accept further pro se motions from Benton. Ultimately, Benton was convicted after a one-day trial.

Over the course of the 904-day lapse, Benton requested a continuance on 21 occasions. Two continuances were requested in order for Benton’s rotating cast of counsel to get up to speed. Additionally, two continuances were requested to accommodate defense counsel’s schedule, and one was requested because of the medical condition of one of defense counsel’s family members. Defense counsel also requested additional time on four occasions due to difficulty accessing the Government’s discovery materials. Three requests for additional time were made as a result of defense counsel’s ongoing negotiations [58]*58with the Government. Finally, Benton and his counsel requested additional time without further explanation on nine other occasions. All of the motions to continue and requests for additional time were granted by the district court with no objection from the Government.

For its part, the Government requested two continuances because of scheduling conflicts. One of the Government’s motions to continue resulted in supplanting Benton’s previously-scheduled trial date with a suppression hearing. The second motion to continue caused a 24-day delay by moving the trial date from December 12, 2008 to January 5, 2009. The district court granted both of the Government’s motions with no objection from Benton.

II. ANALYSIS

A. Benton and Flowers’s Sufficiency of the Evidence Claim

Standard of Review and Relevant Law

A district court’s denial of a defendant’s motion for acquittal based on insufficient evidence is reviewed de novo. United States v. Mabry, 518 F.3d 442, 447-48 (6th Cir.2008). The Constitution “prohibits the criminal conviction of any person except upon proof of guilt beyond a reasonable doubt,” Jackson v. Virginia, 443

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862 F.3d 547 (Sixth Circuit, 2017)
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Bluebook (online)
476 F. App'x 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-flowers-ca6-2012.