United States v. Monroe

90 F. App'x 460
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 18, 2004
DocketNos. 02-3089, 03-3039
StatusPublished

This text of 90 F. App'x 460 (United States v. Monroe) 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. Monroe, 90 F. App'x 460 (6th Cir. 2004).

Opinion

PER CURIAM.

Before us are two appeals that have been consolidated for purposes of this opinion. The first arises from the conviction of the defendant, James Monroe, on a five-count indictment for possessing and distributing cocaine, distributing cocaine base, and being a felon in possession of firearms. The second involves the district court’s post-judgment denial of Monroe’s motion for the return of property allegedly seized from his mother’s home at the time of his arrest. Concerning his conviction, the defendant contends (1) that he received ineffective assistance of counsel; (2) that there was insufficient evidence to prove his guilt on the firearms charge and for distribution of crack cocaine; (3) that the district court abused its discretion in denying the jury’s request to see certain evidence; and (4) that the court erred in sentencing him under the guidelines for crack cocaine. He also insists (5) that the district court should have held an eviden-tiary hearing on his motion for the return of property before denying the motion. We find no reversible error and affirm the district court’s decisions in both eases.

FACTUAL AND PROCEDURAL BACKGROUND

At the defendant’s trial, Julius Thomas, a witness who had recently pleaded guilty to distributing crack cocaine, testified that he had made three controlled buys from Monroe in 2000. The first buy occurred in June and involved one ounce of powder cocaine; the second took place in August and involved four ounces of powder cocaine; and the third transaction occurred on December 12, 2000. On that date, Thomas testified, he met with Monroe and discussed buying crack cocaine from him. Monroe told him it would cost $950 per ounce, and Thomas said he wanted three ounces. When Monroe gave him three ounces of powder cocaine instead, Thomas asked whether Monroe was going to “cook it up” into crack. Monroe answered, “I have my cook here and [it] will cost you.” Thomas agreed to pay the going rate — a gram off each ounce. Thomas testified that after the cocaine was cooked into crack, Monroe weighed it and found that it weighed 63 grams. When Thomas complained that it was “kind of short,” Monroe answered, “I will compensate you” and threw 10 more grams of crack on the scale. Monroe then put the crack in a bag and gave it to Thomas, who passed it on to Agent Rapp, his contact in the DEA.

Agent Rapp testified that in early June 2001, he obtained an arrest warrant for Monroe and search warrants for three houses associated with Monroe, located at 743 Browning Avenue in Youngstown, Ohio, and 6452 and 6473 Rosser Avenue in Hubbard Township. According to Rapp, when he pulled up in front of 743 Browning, he saw Monroe in front of the garage, carrying a white plastic bag. Officer Chrisman, who was in the car with Rapp, testified that Monroe ran into the garage and then into the fenced-in backyard and threw the plastic bag over the fence, where it was later found. Subsequent analysis established that the bag contained approximately 390 grams of cocaine. In the garage at 743 Browning, Officer Briganti of the Boardman Police Department found two scales, baggies, and two receipts and a bill with Monroe’s name on them. In the master bedroom of the house, Briganti found three guns: a black automatic that was located between the box spring and the mattress on the left side of the bed, a silver automatic in a night stand at the foot of the bed, and a revolver in a night stand to the right of the bed.

As it turned out, Monroe did not live at the 6473 Rosser address. The resident there, Ruth Gaia, testified at trial that [463]*463Monroe was her landlord and that she paid rent to “Angela,” whom Monroe had married earlier that year. According to Gaia, Monroe had lived across the street at his mother’s house until his marriage. After his marriage, she testified, he was often still there, but she was not sure where he lived. In the house at 6473 Rosser, officers found two scales and a safe containing, among other items, rubber or plastic gloves, baking soda, instructions for dealing with firearms, and some plastic baggies with white power residue.

The jury found Monroe guilty on all five counts contained in the indictment and returned a special verdict finding that 50 grams or more of cocaine base was involved in Count 3. As a result, the district court sentenced Monroe to concurrent sentences of 250 months on the drug-trafficking charges in Counts 1 — 4 and 120 months on Count 5, the firearms offense. Monroe now appeals both his conviction and sentence.

ANALYSIS

1. Ineffective Assistance of Counsel

Monroe contends on appeal, for the first time, that his trial counsel provided him with ineffective assistance in virtually a dozen different ways. However, our general rule is that “a defendant may not raise ineffective assistance of counsel claims for the first time on direct appeal, since there has not been an opportunity to develop and include in the record evidence bearing on the merits of the allegations.” United States v. Wunder, 919 F.2d 34, 37 (6th Cir.1990). Although we may review such claims when “the record is adequate to assess the merits of the defendant’s allegations,” id., the record in this case is clearly inadequate to permit review. We therefore decline to address the merits of this claim.

2. Sufficiency of the Evidence

Monroe challenges the legal sufficiency of the government’s case, first by arguing that there was no evidence linking him directly to the firearms that were the subject of the felon-in-possession count and that the proof linking him to the 743 Browning address where the weapons were found was insufficient to establish constructive possession. The record reflects, however, that he was at the house when the police showed up with a search warrant and an arrest warrant for him, that two vehicles associated with him were parked in the driveway or in front of the house at that time, that an address book with his name on it was found in the house, as were two receipts from the Youngstown Propane company in his name and an Ohio Edison bill addressed to him, that his wife arrived at the house during the search, and that when asked for his home address during booking, Monroe answered that he lived at 743 Browning Avenue. On the other hand, although Agent Rapp testified that he recorded the Browning Avenue address on DEA Form 202 at the time of arrest, that form was never entered into evidence, and Monroe’s fingerprint card listed his address as 6473 Rosser Avenue, which was Ruth Gaia’s address. In addition, despite the government’s argument that Monroe took up residence with his wife at 743 Browning after his marriage, the prosecutor presented no proof at trial that Angela Monroe lived at that address, other than the testimony that she had arrived there in the middle of the search. Thus, the evidence connecting Monroe to the house at 743 Browning was not overwhelming. Nevertheless, the applicable standard requires that we review the evidence in the light most favorable to the government and, having done so, we conclude that a rational trier of fact could have found beyond a reasonable doubt that [464]*464Monroe had constructive possession of the weapons found at the 743 Browning residence.

The defendant next argues that there was insufficient evidence to show that he distributed crack rather than powder cocaine.

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Related

United States v. Frank L. Hook
781 F.2d 1166 (Sixth Circuit, 1986)
United States v. Jeffrey Wayne Duncan
918 F.2d 647 (Sixth Circuit, 1990)
United States v. Erwin R. Wunder
919 F.2d 34 (Sixth Circuit, 1990)
United States v. Climmie Jones, Jr.
159 F.3d 969 (Sixth Circuit, 1998)

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Bluebook (online)
90 F. App'x 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-monroe-ca6-2004.