United States v. Naomi Johnson

516 F. App'x 599
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 6, 2013
Docket12-5925, 12-5926
StatusUnpublished
Cited by2 cases

This text of 516 F. App'x 599 (United States v. Naomi Johnson) 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. Naomi Johnson, 516 F. App'x 599 (6th Cir. 2013).

Opinion

OPINION

BERNICE B. DONALD, Circuit Judge.

Defendants-Appellants Naomi Johnson and Earl Young were convicted by a jury of conspiracy to buy votes and vote buying in violation of 18 U.S.C. §§ 371 and 1973i(c). Appellants argue that they are entitled to either a new trial or to a judgment of acquittal on grounds of improper jury instructions. We disagree and for the following reasons, we AFFIRM the district court’s decision.

I.

Co-defendant Michael Salyers, the leader of the conspiracy and the candidate for whom voters were being paid to vote, testified that the vote buying occurred in and around the grocery store that he owned and Johnson operated. The Government presented evidence that both Johnson and Young were involved in the scheme.

Salyers testified that Johnson was present at the store when he paid the voters, but he always made the payments either outside of or in the back of the store. Johnson, therefore, would not have seen the transactions. Salyers testified that Johnson was unaware of the vote buying scheme taking place around the store.

Salyers also testified that Young made approximately three to five trips escorting voters to the courthouse. Young would either walk or ride with them in their vehicles to the poll. Young observed them vote and then returned with them to the store to confirm their vote to Salyers. After each of these trips, Salyers paid Young five dollars. Salyers also testified that he thought his scheme with Young was legal “vote hauling” and that Young did not know Salyers was buying votes.

Voters who sold their votes to Salyers also testified at Johnson’s and Young’s trial. Voter Charles Allen Russell testified that he was approached by an older gentleman and asked if he wanted to make some money. He indicated that he did. Russell was then driven by Johnson to the poll, where she told him he would be paid forty-five dollars for voting. She then handed him a piece of paper with a list of candidates, including Salyers. After Russell voted, Salyers paid him twenty or twenty-five dollars for his vote. Voters Ray Darrell and Stella Hall also testified that they were escorted to the polls by a man matching Young’s description. The man watched them vote and confirmed to Sal-yers that they voted, after which they both received twenty-five dollars. Voter Richard Moore testified that while Johnson was *601 in the store, Salyers offered him twenty-five dollars to vote. Young escorted Moore to the poll, watched him vote, and escorted him back.

Neither Johnson nor Young testified or presented any evidence. Johnson and Young moved for a judgment of acquittal. The motion for judgment of acquittal was denied.

The United States requested a “willful blindness” instruction regarding the conspiracy to buy votes and the vote buying scheme. The district court permitted the instruction over defense counsels’ objections. Young requested inclusion of a “vote hauling” instruction in his proposed Jury Instructions as a theory of defense. 1 The district court determined, over the objection of Young’s counsel, that a vote hauling instruction would potentially mislead and confuse the jury. The court found that the instruction would potentially harm Young because the jury could believe that Young committed a different crime since vote hauling requires payment to be made by check, while Young was paid in cash. Accordingly, the district court did not submit the vote hauling instruction to the jury.

After the jury returned a guilty verdict for the conspiracy to buy votes and vote buying in violation of 18 U.S.C. §§ 371 and 1973i(c), Johnson and Young moved for a new trial or judgment of acquittal. The district court denied both motions.

II.

Johnson and Young assert that the district court’s improper jury instructions entitle them to either judgment of acquittal or a new trial. Young argues that the vote hauling instruction should have been proffered to the jury as a defense theory. Both Johnson and Young argue that the willful blindness jury instruction was given in error. Johnson argues that the willful blindness jury instruction violated her Fifth Amendment right not to testify. Finally, both Johnson and Young argue that the government presented insufficient evidence at trial to prove their guilt.

1. The district court correctly denied Young’s request for a vote hauling instruction.

When a district court refuses to give a proposed jury instruction, we review for abuse of discretion. United States v. Blanchard, 618 F.3d 562, 573 (6th Cir.2010). Such refusal is considered reversible error only if the proffered instruction is: 1) correct, 2) not substantially covered by the actual jury charge, and 3) so important that failure to give it substantially impairs the defense. Id. Like motions for faulty jury instructions, a court’s refusal to allow proposed instructions is reversible only if the instructions given, viewed as a whole, were confusing, misleading, and prejudicial. Id.

Young’s vote hauling theory of defense is not supported by the law. While Kentucky permits the practice of vote hauling, the transportation of voters to the polls, it does not permit the practice of escorting voters to the poll. United States v. Turner, No.Crim. 05-02, 2005 WL 3434047, at *3 (ED.Ky. Dec. 13, 2005); K.R.S. § 119.205(5). Young provides no case law to support his theory that transporting voters to the polls includes escort *602 ing them to the polls, watching them vote, and then escorting them back to another location. Omitting the proposed instruction, therefore, was not prejudicial. United States v. Hook, 781 F.2d 1166, 1173 (6th Cir.1986).

2. The willful blindness instruction was proper.

We review a district court’s choice of jury instructions for abuse of discretion. United States v. Beaty, 245 F.3d 617, 621 (6th Cir.2001). A trial court has broad discretion in drafting jury instructions and does not abuse its discretion unless the jury charge “fails accurately to reflect the law.” United States v. Layne, 192 F.3d 556, 574 (6th Cir.1999). When reviewing a properly preserved objection to a jury instruction, we must determine “whether the charge, taken as a whole, fairly and adequately submits the issues and applicable law to the jury.” United States v. Blood, 435 F.3d 612

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Cite This Page — Counsel Stack

Bluebook (online)
516 F. App'x 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-naomi-johnson-ca6-2013.