United States v. Morris D. Hunt

272 F.3d 488, 58 Fed. R. Serv. 862, 2001 U.S. App. LEXIS 25395, 2001 WL 1512749
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 29, 2001
Docket00-2321
StatusPublished
Cited by28 cases

This text of 272 F.3d 488 (United States v. Morris D. Hunt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Morris D. Hunt, 272 F.3d 488, 58 Fed. R. Serv. 862, 2001 U.S. App. LEXIS 25395, 2001 WL 1512749 (7th Cir. 2001).

Opinion

WILLIAMS, Circuit Judge.

Morris Hunt was prosecuted for and convicted of conspiracy to distribute cocaine and crack cocaine (by aiding and abetting the conspiracy), and money laundering. He appeals his conviction and sentence, challenging the sufficiency of the evidence for his conspiracy conviction, the district court’s admission of hearsay testimony at trial and its calculation of his relevant conduct and offense level for sentencing. We affirm the conviction, but vacate the sentence and remand the case to the district court for resentencing.

I. BACKGROUND

A. The Facts

Morris Hunt and Eugene Birge were friends, who had known each other for several years. Hunt sold insurance policies to Birge, and they frequently traveled together at Birge’s expense. But there was more to their friendship.

*492 Birge was a leader of a major cocaine trafficking conspiracy in the East St. Louis, Illinois area. Hunt knew that Birge was involved in drug dealing, but it is unclear if he fully knew to what extent. At any rate, Hunt helped Birge handle some of the money from the drug conspiracy. Hunt purchased a 1992 Acura Legend for Birge, that cost approximately $23,500, in the name of his insurance company with loans he obtained. Birge paid Hunt for the car in cash. In addition, Birge went to Hunt’s office several times, and Hunt helped Birge to count money. They counted at least $20,000 each time.

Sometime later, agents in the federal Drug Enforcement Administration (“DEA”) began investigating Birge’s drug conspiracy. The investigation resulted in the indictment of twenty-three individuals for conspiracy to distribute cocaine and cocaine base (“crack cocaine”), including Hunt for his role as aider and abetter, and money launderer, in the conspiracy. The indictment was obtained in part with the assistance of Birge, who decided to cooperate with the government. Unfortunately, he was murdered several months before the first indictment was returned. Twenty-two of the defendants decided to plead guilty; only Hunt proceeded to trial.

B. District Court Proceeding

At trial, several co-conspirators — including James Birge, Jr., Clifton Bernard, and Darwin Rockett — testified concerning the drug trafficking conspiracy and their knowledge of Hunt’s involvement in the conspiracy, largely regarding the purchase of the Acura Legend. DEA Special Agents Michael Rehg and Larry Fox, and Internal Revenue Service (“IRS”) Special Agents Kevin Martens and Joe Zingrich testified about their conversations with Hunt, covering the Acura Legend purchase and the money he counted with Birge. They also relayed information that they had gained from their investigations, including conversations with Birge regarding Hunt’s purchase of the Acura Legend.

Hunt did not testify or present any evidence in his defense. He was convicted of conspiracy to distribute cocaine and crack cocaine under 21 U.S.C. §§ 2, 841(a)(1) and 21/846" style="color:var(--green);border-bottom:1px solid var(--green-border)">846, 1 and convicted of money laundering under 18 U.S.C. §§ 1956(a)(1)(B)® and (2).

At sentencing, the district court calculated Hunt’s relevant conduct and offense level for sentencing under section 2D1.1 of the United States Sentencing Guidelines for a drug trafficking conspiracy. The district court converted the amount of money Hunt laundered and counted into kilograms of cocaine to apply the guideline, using the street price of one kilogram of cocaine. The district court held him accountable for 4 kilograms ($83,500): 1 kilogram for the Acura Legend purchase ($23,500) and 3 kilograms for counting money with Birge ($60,000) at least three times, which was the district court’s interpretation of “several.” The district court then denied Hunt a reduction as a minor participant in the conspiracy, because he was held accountable only for the money he actually laundered and counted. Hunt was sentenced to 97 months in prison. He now appeals.

II. ANALYSIS

A. Sufficiency of the Evidence

Hunt challenges the sufficiency of the evidence to support his conviction for *493 conspiracy to distribute cocaine and crack cocaine. His challenge is a formidable one, which rarely carries the day. See United States v. Hickok, 77 F.3d 992, 1002 (7th Cir.1996) (“He follows in the footsteps of countless criminal defendants who have made similar arguments in this court, and, like them, he bears a ‘heavy burden’.... ”). We review the evidence in the light most favorable to the government and will uphold the conviction if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (emphasis in original).

Hunt was convicted of conspiracy because of his role as an aider and abetter of the conspiracy, and therefore in this challenge, we must consider the elements for aiding and abetting to determine the sufficiency of the evidence, not conspiracy. Aiding and abetting has three elements, requiting “knowledge of the illegal activity that is being aided and abetted, a desire to help the activity succeed, and some act of helping.” United States v. Zafiro, 945 F.2d 881, 887 (7th Cir.1991) (emphasis in original). Hunt argues that the government did not present sufficient evidence to support an inference of his knowledge of the conspiracy and that his assistance was too trivial to support an inference of a desire to see the conspiracy succeed. We address each of these arguments in turn.

The evidence of knowledge and desire in this ease is circumstantial, but straightforward. Hunt and Birge had been friends for some time. They traveled together on numerous trips, which were paid for by Birge. Hunt admitted to DEA agents that he believed Birge was involved in drug dealing. Birge was in fact involved in drug dealing, and on a very large scale. From September 1992 until at least February 1996, members of the conspiracy acquired and distributed approximately 174 kilograms of cocaine in the East St. Louis area, and Birge was a source of supply for the mid-level dealers in the conspiracy. On several occasions, Birge appeared at Hunt’s office with at least $20,000, and Hunt helped Birge to count the money. Birge also gave Hunt approximately $23,500 in cash to purchase an Acu-ra Legend, which Hunt purchased, arranging for loans and putting the automobile in the name of his insurance company.

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Bluebook (online)
272 F.3d 488, 58 Fed. R. Serv. 862, 2001 U.S. App. LEXIS 25395, 2001 WL 1512749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-morris-d-hunt-ca7-2001.