United States v. Morrison

220 F. App'x 389
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 22, 2007
Docket05-3645
StatusUnpublished
Cited by17 cases

This text of 220 F. App'x 389 (United States v. Morrison) 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. Morrison, 220 F. App'x 389 (6th Cir. 2007).

Opinions

DAMON J. KEITH, Circuit Judge.

Defendant, John A. Morrison, appeals his convictions of (1) conspiracy to possess with intent to distribute more than 1500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and (2) aiding and abetting a conspiracy to possess with intent to distribute cocaine, in violation of 18 U.S.C. § 2. Because we find insufficient evidence, we REVERSE Morrison’s convictions.

I.

For the most part, the facts are undisputed. On December 14, 2003, Wayne M. Saunders and Edward J. Gutierrez rented a white 2004 Chrysler from Alamo Rental Agency in Los Angeles, California. Two days later in Illinois, Illinois State Trooper Thomas Sommers observed the car, with California license plates, exceeding the [390]*390speed limit. Trooper Sommers followed the car to a gas station where he encountered Saunders and Gutierrez, and became suspicious of the two when they appeared excessively nervous and their stories regarding their travel were unbelievable. Trooper Sommers issued a citation to the driver of the vehicle, Gutierrez.

Gutierrez then gave Trooper Sommers written permission to search the vehicle. During a cursory inspection of the underside of the vehicle, Trooper Sommers noticed that the gas tank had recently been removed and improperly reinstalled, raising a heighten suspicion of illegal activity. Trooper Sommers instructed Gutierrez to drive the vehicle to a nearby Amoco station, allowing several Illinois law enforcement officers to oversee the removal of the gas tank by a mechanic. Three individually packaged, heat-sealed bundles that contained in excess of 1.5 kilograms of cocaine (with a street value of $40,000 to $150,000) were found inside the gas tank. Saunders and Gutierrez were arrested.

Saunders and Gutierrez admitted that a man identified as “Jimbo” (later determined to be Carl DeLoach) hired them to deliver the cocaine to Cleveland, Ohio. DeLoach was to pay them $1,000 for delivering the drugs to Cleveland. Agreeing to assist law enforcement officers, Saunders and Gutierrez proceeded to Cleveland to conduct a controlled delivery of the cocaine to DeLoach. After contacting the Drug Enforcement Administration (“DEA”) in Cleveland, a caravan of Illinois law enforcement officers escorted Gutierrez and Saunders to Cleveland where local DEA agents awaited their arrival.

While in route to Cleveland, Saunders and Gutierrez called DeLoach to update him of their travel progress. Officers monitored and recorded these communications. Nearly eight hours later, the caravan arrived at the Cleveland DEA, where agents quickly briefed the team on the controlled delivery and then proceeded to a Holiday Inn on West 150th Street in Cleveland, Ohio. Gutierrez and Saunders were placed in Room 508, which was equipped with surveillance equipment.

Sometime around 10:30 p.m., Saunders phoned DeLoach to advise him that they had arrived in Cleveland. DeLoach, after providing Saunders with a telephone number, instructed him to call “Johnny Mo” (later identified as the Defendant, John Morrison). Saunders phoned Morrison, as instructed, and was advised by Morrison that he would arrive at the Holiday Inn within 20 minutes.

At approximately 11:11 p.m., Morrison arrived at the Holiday Inn and, with DEA agents monitoring and recording his interactions, exchanged greetings with Saunders and Gutierrez. Morrison jokingly complained about how Saunders and Gutierrez had “stolen his run.” He then informed Saunders that he had conferred with DeLoach, who instructed him to have Saunders follow Morrison in the rented Chrysler to Morrison’s residence, where they should park the Chrysler in the garage. After parking the Chrysler at Morrison’s residence, Morrison was then to drive Saunders to DeLoaeh’s residence in Morrison’s personal vehicle. Morrison told Saunders to phone DeLoach if he wanted to verify the plan. Before Morrison and Saunders’s departure, Gutierrez informed Morrison that he would not be joining them, but requested Morrison to bring “some money” back to the hotel later that evening, to which Morrison agreed.

Prior to leaving the Holiday Inn, Morrison gave Saunders specific instructions to avoid being stopped for traffic offenses. On arrival at Morrison’s residence, Morrison parked his vehicle on the street and directed Saunders to back the Chrysler into the driveway. When Saunders had [391]*391trouble maneuvering the Chrysler, Morrison directed Saunders to exit the Chrysler, and proceeded to back the Chrysler into his garage — with the rear of the Chrysler parked away from the garage door, at a diagonal angle. Morrison locked the garage door and headed back to his own vehicle,1 where Saunders joined him. The two then proceeded to DeLoach’s residence.

In route to DeLoach’s residence, the conversation between Morrison and Saunders was recorded via a device officers had strapped to Saunders. Morrison assured Saunders that they did not have to worry about getting stopped by the police any longer because they were now “clean.” (J.A. at 428, 485, 500). Among other topics of discussion during the ride, Morrison briefly mentioned a recent, unrelated drug bust in Westlake; his acquirement of a commercial drive license; and his ability to drive from Los Angeles to Cleveland in a day and a half.

After arriving at DeLoach’s residence, DeLoach congratulated Saunders, stating to Saunders “You all didn’t get pulled over. You all did good.” (J.A. at 436). DeLoach and Saunders discussed the payment that DeLoach would provide to Saunders and Gutierrez — though there was no discussion about the cocaine. In the presence of Morrison, DeLoach handed Saunders $960 in exchange for the Chrysler keys. De-Loach also gave Morrison $40 for bringing Saunders to his residence. DeLoach then told Morrison that Morrison would not be going to his regular job as a truck driver the next day because he would be working for DeLoach as his “head mechanic.” (J.A. at 488). At that point, law enforcement agents and officers raided DeLoach’s residence, taking DeLoach, Saunders, and Morrison into custody. Unaware of the extent of the investigation, Morrison gave the officers his mother’s home address as his place of residence — though he had not lived with her in 24 years.

On January 13, 2004, Morrison was indicted on one count of conspiracy to possess with intent to distribute more than 1500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and one count of aiding and abetting a conspiracy to possess with intent to distribute, in violation of 18 U.S.C. § 2.2 On December 7, 2004, after listening to Morrison’s testimony— and without any testimony from the alleged co-conspirators — a jury found Morrison guilty on both counts. On April 28, 2005, Morrison was sentenced to 63 months of incarceration, followed by 4 years of supervised release, a $1,000 fine, and a $100 special assessment fee.

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Bluebook (online)
220 F. App'x 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-morrison-ca6-2007.