United States v. Richard B. Hudson, Sr.

970 F.2d 948, 1992 WL 168341
CourtCourt of Appeals for the First Circuit
DecidedOctober 5, 1992
Docket90-2134
StatusPublished
Cited by35 cases

This text of 970 F.2d 948 (United States v. Richard B. Hudson, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Richard B. Hudson, Sr., 970 F.2d 948, 1992 WL 168341 (1st Cir. 1992).

Opinions

YOUNG, District Judge.

Richard B. Hudson, Sr. (“appellant”) here appeals from his conviction on two separate counts, each charging him with conspiracy to possess with intent to distribute in excess of five hundred grams of cocaine. See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846 (1988). The first count alleged that during late 1986 and continuing through 1987, appellant engaged in a cocaine conspiracy with Henry Cormier, Robert Johnson, and others. The second count alleged another cocaine conspiracy, this one commencing in late 1988 and continuing through 1989, involving appellant with his brother, James Hudson, and others. Upon conviction, appellant was sentenced to twenty years imprisonment on Count I (a pre-Guidelines charge), and a consecutive 264-month sentence on Count II (a post-Guidelines charge).

In this appeal, appellant claims the district judge committed error in: (1) excluding testimony which would have impeached the credibility and demonstrated the bias of two important government witnesses; (2) admitting certain testimony as a statement by a co-conspirator; and (3) concluding that, as to Count II, appellant was a leader or organizer of five or more participants. Since appellant’s contentions can best be understood in the context of his five-day trial in the district court, we limn the course of the trial briefly before addressing his appellate arguments.

The government opened its case with a focus on the second count. James Hudson, appellant’s brother, testified pursuant to a plea agreement that, in 1986, he began buying cocaine in small quantities from appellant’s son. Thereafter on each of two occasions, one in the fall of 1988 and the other in early 1989, James Hudson testified that he purchased two kilograms of cocaine from appellant, paying him approximately $25,000 per kilogram. He also testified that he picked up the cocaine at appellant’s house in Sabattus, Maine. James Hudson was then vigorously cross examined concerning his motives for cooperating with the government as well as his own exten[951]*951sive involvement in drug dealing. During the course of his cross examination, James Hudson acknowledged meeting Henry Cor-mier while being held in the South Wind-ham Correctional Center, and meeting Robert Johnson in the Cumberland County Jail. James Hudson testified that he played cards with Cormier and Johnson while in jail. This cross examination set the tone for the entire defense case which evolved into an attempt to impugn the credibility of the government’s witnesses and to suggest they wished to gain favor with the government by dragging appellant down.

The government’s next witness was Richard L. Hudson, appellant’s nephew, who testified pursuant to a plea agreement that, during the period covered by the second conspiracy, he had engaged in cocaine transactions with appellant, albeit on a more modest scale than his father. He also testified that in early April, 1989, at a meeting arranged by his father, James, appellant told him to stop selling cocaine to an individual named “Ray” because Ray was a big cocaine user who owed appellant $3,200 from earlier cocaine transactions. Richard L. Hudson testified that, when he told appellant that Ray had paid for the cocaine, appellant was interested to know the sale price.

Following the testimony of Richard L. Hudson, the government called to the stand his brother, Michael Hudson (another nephew of appellant), and elicited testimony from him pursuant to a plea agreement. Michael Hudson testified that during the summer of 1988 he made between twenty and thirty purchases of from three and one-half to seven grams of cocaine from appellant, on each occasion picking up the cocaine at appellant’s house on Oxford Street in Lewiston, Maine.

The government rounded off its case in chief on the second count with the testimony of Perry Godin, the brother of appellant’s girlfriend, who testified under a grant of court-ordered immunity. Godin testified that, beginning in September, 1988, he made weekly purchases of cocaine from appellant, usually in the amount of one gram at a time, but once in the amount of nineteen grams. As was the case with James Hudson, Perry Godin testified that he made these purchases at appellant’s house in Sabattus, Maine.

The government then turned to the first count, calling Henry Cormier to the stand, who also testified pursuant to a plea agreement. At the time of appellant’s trial, Cor-mier was incarcerated on a federal prison sentence stemming from his conviction for his role in a cocaine-dealing partnership with Robert Johnson between 1980 and 1987. Cormier said he first met appellant at a poker game in Freeport, Maine, in 1985, and initially sold cocaine to appellant in amounts that did not exceed six ounces in any one purchase. Cormier also testified that appellant complained that the price he was charged for cocaine by Cormier and Johnson was too high. Appellant said that he could buy cocaine at a lower price elsewhere. As a result, in 1986 Cor-mier and Johnson began to purchase cocaine from appellant for resale. Cormier testified that appellant brought one kilogram of cocaine to Johnson’s condominium in Westbrook, Maine, charging $35,000 to $38,000 per kilogram, a price considerably less than the $50,000 per kilogram price being charged by Cormier and Johnson’s other suppliers. Cormier explained that he and Johnson repackaged the cocaine into ounce and quarter-ounce portions and distributed it to Dale Hunnewell, David Mann, and others.

Cormier also testified that during the winter and spring of 1986-1987, he and Johnson met appellant at the Howard Johnson’s motel in Westbrook in an effort to buy another kilogram of cocaine. At least one such meeting was corroborated by motel registration records signed by appellant on May 23, 1987. Finally, Cormier testified that in September, 1987, he and Johnson purchased a kilogram of cocaine from appellant in Lewiston, Maine, for $35,000. Cormier said that the two drug dealers “gave” this cocaine to one Virgil Buzzell who, in turn, “gave” it to a David Smith. As with all the other government witnesses, defense counsel vigorously cross examined Cormier concerning his drug dealing, his motives in cooperating with the govern[952]*952ment, and his apparent affinity for the lesser sins of gambling and card playing.

Like Cormier, Robert Johnson testified pursuant to a plea agreement while incarcerated on a federal sentence. Johnson corroborated Cormier’s testimony in its essential particulars, pointing out that the arrangements for the first purchase of cocaine in kilogram amounts from appellant had taken place at a meeting among appellant, Cormier, and himself at the Howard Johnson’s motel at Exit 8 in Portland. A motel record confirmed that, on September 26, 1986, appellant had registered for a room at that motel. Over objection, Johnson testified that Cormier had informed him of the arrest of David Smith in September, 1987, while Smith still possessed some of the cocaine transferred to him through Buzzell.

The government’s final witness was Virgil Buzzell, who also testified under a plea agreement. Buzzell testified that he had begun to serve as a middleman for Cormier and Johnson in mid-1987 and that he had been approached by David Smith, who was seeking an introduction to Cormier.

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Cite This Page — Counsel Stack

Bluebook (online)
970 F.2d 948, 1992 WL 168341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-richard-b-hudson-sr-ca1-1992.