United States v. Price

63 F. App'x 843
Procedural entryThis page is a short order in United States v. Price. Read the opinion of the Court — 58 F. App'x 105
Court of Appeals for the Sixth Circuit·Decided April 25, 2003·No. Nos. 00-1569, 00-1709·Published

Opinion

FORESTER, District Judge.

Quincy Jamóte Price and Juwell Darnell Castleberry were indicted in a fourth superseding indictment with engaging in a conspiracy to distribute cocaine, cocaine base (“crack”), and marijuana in Grand Rapids. Michigan, in violation of 21 U.S.C. § 846. Castleberry pleaded guilty to one count of violating 21 U.S.C. § 846 as set forth in the third superseding indictment and later sought to withdraw his plea. He now challenges the district court’s denial of that motion, as well as the indictment and his sentence. Price was ultimately convicted of the same offense after a jury trial and challenges both his conviction and sentence on appeal. For the reasons stated below, we AFFIRM the district court’s rulings as to both appellants.

I.

On September 29, 1999, a grand jury returned a fourth superseding indictment charging the appellants with engaging in a conspiracy to distribute cocaine, cocaine base, and marijuana from January 1996 until December 19,1998. According to the indictment. Castleberry would obtain the drugs from sources outside of Michigan, specifically Los Angeles, while Price. Price’s brother Shawte Dabar Price, and Timothy Lashawn Threats would occasionally make trips to retrieve the drugs. In short, Castleberry was the organizer of the conspiracy and Price was an active participant.

The conspiracy began to unravel in June of 1997 when Federal Express employees in Los Angeles notified federal agents that they had received a suspicious package weighing 12 pounds and addressed to a Lamont Chivis at 1931 Bradford, N.E., Grand Rapids, Michigan. The videotape from the surveillance camera in the Federal Express office showed Threats and two others paying to mail the package. The package was x-rayed and opened and found to contain three gift-wrapped packages containing a total of 2.9031 kilograms of cocaine.

Agents subsequently made a controlled delivery to the Bradford Street address in Grand Rapids. A neighbor signed for the package and indicated that Threats had asked her to hold it until he could retrieve it. While the delivery was in progress, Threats arrived in his car, saw the police, and tried to flee. He was stopped and consented to a search of the apartment, which uncovered an express mail shipping receipt dated April 30,1997, and addressed to Price at the same Grand Rapids apartment. The receipt indicated that the package had weighed the same as the one that had been intercepted by the agents. In addition, agents found photographs of Price and Castleberry with a local gang known as the ‘Wealthy Street Boys.”

A confidential informant told agents that Castleberry was the source of the cocaine. Further search warrants issued, including one for Price’s residence that revealed records linking Price to Castleberry. In addition, five pounds of marijuana and an assault rifle were found.

After they were indicted, Price and Castleberry fled the jurisdiction and continued to distribute drugs. Castleberry was almost apprehended in an apartment in Las Vegas. Nevada, in June of 1998, but he escaped before he could be arrested. Another man was in the same apartment and identified himself as Marvin Dis-muke; after he was released, agents [846]*846learned that “Dismuke” was, in fact, Price. A box containing five pounds of marijuana was found in the apartment and had both Castleberry’s and Price’s fingerprints on it.

The appellants were ultimately located and arrested in December of 1998. Cast-leberry entered into a plea agreement with respect to Count I of the third superseding indictment, but thereafter sought to withdraw his plea, which request the district court denied. Price proceeded to trial and was convicted of the conspiracy count. Price was ultimately sentenced to 324 months of imprisonment and Castleberry was sentenced to 360 months.

II.

Price first argues on appeal that the district court erred in denying his motion for a judgment of acquittal based upon insufficiency of the evidence presented at trial. This court reviews the denial of such a motion de novo. United States v. Humphrey, 279 F.3d 372, 378 (6th Cir.2002). In so doing,

we must determine “whether, after viewing the evidence in the fight most favorable to the prosecution, 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 660 (1979). The Jackson standard requires us to view both circumstantial and direct evidence in a light most favorable to the prosecution. United States v. Hofstatter, 8 F.3d 316, 324 (6th Cir.1993), cert. denied, 510 U.S. 1131, 114 S.Ct. 1101, 127 L.Ed.2d 413 (1994). “Circumstantial evidence alone, if substantial and competent, may support a verdict and need not remove every reasonable hypothesis except that of guilt.” Talley, 194 F.3d at 765 (quoting United States v. Keeton, 101 F.3d 48, 52 (6th Cir.1996)).

Id. Price argues that the evidence at trial revealed, at most, that he was an associate of high-level drug dealers, but was only engaged in sales on a much lower level.

In order to sustain a conviction for conspiracy under 21 U.S.C. § 846, the government must prove (1) an agreement to violate drug laws; (2) knowledge of and intent to join the conspiracy; and (3) participation in the conspiracy. United States v. Welch, 97 F.3d 142, 148-49 (6th Cir.1996). “[T]he connection of the defendant to the conspiracy need only be slight if there is sufficient evidence to establish the connection beyond a reasonable doubt.” United States v. Ward, 190 F.3d 483, 488 (6th Cir.1999) (citing United States v. Hernandez, 31 F.3d 354, 358 (6th Cir.1994)). However, “mere association with conspirators is not enough to establish participation in a conspiracy.” United States v. Pearce, 912 F.2d 159, 162 (6th Cir.1990) (quoting United States v. Stanley, 765 F.2d 1224, 1243 (5th Cir.1985)).

In the present case, viewing the evidence presented in a fight most favorable to the prosecution, we find that a rational trier of fact could have found the essential elements of conspiracy beyond a reasonable doubt. Price had several items seized from the Bradford Street residence in Grand Rapids. Michigan, an address to which the drugs were to be delivered.

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