United States v. Parris Raymond Jefferson

974 F.2d 201, 297 U.S. App. D.C. 415, 1992 U.S. App. LEXIS 21614, 1992 WL 220165
CourtCourt of Appeals for the D.C. Circuit
DecidedSeptember 15, 1992
Docket91-3136
StatusPublished
Cited by23 cases

This text of 974 F.2d 201 (United States v. Parris Raymond Jefferson) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Parris Raymond Jefferson, 974 F.2d 201, 297 U.S. App. D.C. 415, 1992 U.S. App. LEXIS 21614, 1992 WL 220165 (D.C. Cir. 1992).

Opinions

Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge WILLIAMS.

BUCKLEY, Circuit Judge:

Parris Raymond Jefferson was convicted after a jury trial of possession of more than fifty grams of cocaine base with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(l)(A)(iii), and of using a firearm in connection with drug trafficking, in violation of 18 U.S.C. § 924(c)(1). He argues that the trial court improperly [203]*203denied his motion for a continuance in order to change counsel on the day of trial and that insufficient evidence supported the jury’s finding that he used a firearm during and in relation to drug trafficking. Finding no merit in either contention, we affirm.

I. BACKGROUND

On November 7, 1989, District of Columbia Metropolitan Police Officers Phillip Parker and Nathaniel Covington received a radio broadcast directing them to report to 636 Quebec Place, N.W., to look for a man meeting a particular description who was said to have a handgun. Upon arriving at the address, the officers saw Jefferson on the sidewalk and noted that he matched the description. They then stopped and frisked him, but found no gun.

At that time, Jefferson’s mother, Geraldine Hamilton, came outside and asked to speak to the officers. She told them that she suspected that her son was engaged in various “drug activities” and consented to a search of the backyard. On searching the area, the police found a loaded, sawed-off 12-gauge shotgun and over 300 multicolored ziplock bags containing over seventy grams of cocaine base (crack). The shotgun and a portion of the ziplock bags were discovered in a lawnmower grass-catcher bag in a stairwell beneath the back porch of the house; the remaining bags were found hidden in a shed.

The police then obtained a written consent from Jefferson to search his room. In it, the police recovered a safe, pager, razor blade, paint scraper/cutter, two ziplock bags with crack, and a number of multicolored ziplock bags. Jefferson was arrested, informed of his rights, and taken to the station for questioning.

At the station, Jefferson gave the following statement, which was read into evidence at trial:

QUESTION: Parris, in your own words, can you tell me about what you know about the narcotics that your mother told the police about that were found in your yard? Also, can you tell me what you know about the sawed-off shotgun?
ANSWER: I know my mother called the police about me, and I don’t want to get in trouble. So on Saturday I put the narcotics out in the yard, so my mother wouldn’t find them in the house. I don’t sell the drugs. I just hold them for the other boys to come around and pick them up when they need them.
The shotgun belongs to everyone in the neighborhood, and when they need it, they come and get it and do what they have to do and then put it back.
Do you know this boy named Eric who lives over on Quincy Street? We have some trouble with him, and there was some shooting, and the shotgun came in handy.
QUESTION: Who were you holding the cocaine for?
ANSWER: A guy named [name redacted] drops it off for me....
QUESTION: Does.... Does John Doe give you any money for holding the drugs for him?
ANSWER: Yes.... He gives me about $500 a week to keep the stuff.
QUESTION: Have you ever sold any of the drugs[?]
ANSWER: Yes, to pipeheads over on Rock Creek Church Road.
QUESTION: Tell me more about the shotgun.
ANSWER: Mike gave me the gun to hold so in case we ever got in trouble, we could use it to keep them off us, like the time I told you about Eric coming over at us with his gun.

Trial Transcript, January 7, 1991 (“Tr.”) at 85-87.

On the morning of trial, one year and two months later, Jefferson’s attorney, Richard Stern, informed the court that Jefferson’s family had retained Shawn Moore to represent him and moved for a continuance to allow Moore to prepare for trial. Moore stated that he had been contacted by the family three days earlier and was not ready to proceed. The court denied the motion for continuance, stating:

[204]*204I have a trial calendar of criminal cases that is just chockablock. If I were to continue this, I don’t know when I could try it. So I am denying the motion, and we will go to trial today.

Id. at 3. The court did invite Moore to “sit at the counsel table ... and participate.” Id. at 4.

At trial, the Government offered testimony of the officers involved in the search and arrest, Jefferson’s statement, and the expert testimony of Officer David Stroud. The officer testified that drug traffickers use safes to store money, drugs, and effects; razors to cut crack into smaller pieces; pagers to communicate with each other and customers; and guns to protect the drug operation or keep employees in line. The jury convicted Jefferson on both counts, and he was sentenced to consecutive periods of imprisonment of 120 months on the drug charge and sixty months on the firearm charge. This appeal followed.

II. Discussion

A. Denial of Motion for Continuance

Jefferson claims that his Sixth Amendment right to “the Assistance of Counsel for his defence[,]” U.S. Const, amend. VI, was violated by the district court’s denial of his motion for a continuance. The Supreme Court has made clear, however, that “[n]ot every restriction on counsel’s time or opportunity to investigate or to consult with his client or otherwise to prepare for trial violates a defendant’s Sixth Amendment right to counsel[,]” as “judges necessarily require a great deal of latitude in scheduling trials.” Morris v. Slappy, 461 U.S. 1, 11, 103 S.Ct. 1610, 1616, 75 L.Ed.2d 610 (1983). Thus, we have held that “[a] trial judge enjoys great discretion in ruling on a motion for a continuance,” and we review the court’s decision only to determine “whether the judge ‘clearly abused’ his discretion.” United States v. Poston, 902 F.2d 90, 96 (D.C.Cir.1990) (citation omitted). The factors relevant to this inquiry include

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974 F.2d 201, 297 U.S. App. D.C. 415, 1992 U.S. App. LEXIS 21614, 1992 WL 220165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-parris-raymond-jefferson-cadc-1992.