United States v. Ronald Taylor (92-6548) and Michael Nash (92-6549)

13 F.3d 986, 1994 U.S. App. LEXIS 549, 1994 WL 7140
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 14, 1994
Docket92-6548, 92-6549
StatusPublished
Cited by63 cases

This text of 13 F.3d 986 (United States v. Ronald Taylor (92-6548) and Michael Nash (92-6549)) 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. Ronald Taylor (92-6548) and Michael Nash (92-6549), 13 F.3d 986, 1994 U.S. App. LEXIS 549, 1994 WL 7140 (6th Cir. 1994).

Opinion

MERRITT, Chief Judge.

This is an appeal from defendants’ convictions for violations of federal narcotics and firearms laws. The most significant issue is a mandatory minimum sentencing question raised by the court sua sponte at oral argument, the issue discussed below in Section IV.

A five-count indictment was filed in the Western District of Tennessee on September 11, 1990, against six defendants, including Nash and Taylor. Count 1 charged Nash and Taylor with possession with intent to distribute cocaine in-violation of 21 U.S.C. § 841(a)(1); Counts 2 and 3 charged Nash and Taylor with aiding and abetting each other in using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c) and 18 U.S.C. § 2. Count 2 is differentiated from Count 3 only by the gun named in each count: Count 2 refers to a sawed-off 12-gauge Stevens shotgun, while Count 3 refers to a sawed-off 12-gauge Weatherby shotgun. A jury found Nash guilty of all three counts, and the District Court sentenced him to 27/4 years. The District Court dismissed Counts 2 and 3 against Taylor, and the jury adjudged Taylor guilty on Count 1. The District Court sentenced him to,41 months imprisonment.

On appeal, both defendants argue that the case should have been dismissed due the cumulative effects of multiple Jencks Act violations. Taylor argues that there was insufficient evidence to convict him of Count 1, and Nash argues that there was insufficient evidence to convict him of the weapons charges. After the Court raised the issue at oral argument, the parties also filed supplemental briefs addressing the legality of convicting and sentencing Nash on two § 924(c) weapons violations where the two weapons were used or carried in relation to a single predicate drug trafficking offense. For the *988 reasons set forth below, we affirm the District Court on all issues except the legality of Nash’s § 924(e) convictions and sentences.

I.

On August 29, 1990, Floyd Bonner, a detective with the Shelby County Sheriffs Office in Memphis, received information from a paid confidential informant, Ricky Gillum. Gillum told Bonner that he had arranged a purchase of 250 grams of cocaine from an individual named “Red,” later identified as Eddie Smith. Bonner was to pose as the purchaser of the drugs during the deal, which was planned to take place in a grocery store parking lot. That evening, Bonner and Gillum rode together in an undercover vehicle to the grocery store lot. At least eight undercover officers were also in the lot. When Smith drove into the lot a short time later, Gillum exited Bonner’s vehicle and got into Smith’s van. Gillum and Smith then drove to the Bellevue Hotel, located just south of the grocery store lot and spoke briefly with defendant Michael Nash. Gillum testified that while in the hotel parking lot, Nash also spoke with occupants of a blue Mercedes.

Defendant Ronald Roosevelt testified at trial that earlier on August 29, 1990, he rode in a Buick to the Bellevue Hotel with Nash and defendant Calvin Pennington. When they arrived at the hotel, Nash exited the car and told Roosevelt and Pennington to go and “get them things.” Roosevelt testified that he understood Nash’s reference to “things” to mean guns. Roosevelt and Pennington drove to Pennington’s residence, retrieved two shotguns and then returned to the hotel. When they returned, Nash was in the parking lot and instructed them to meet in the grocery store parking lot. Roosevelt testified that he and Pennington were to watch Nash’s back in case anything went sour during the impending drug deal.

Smith and Gillum left the hotel lot and returned to the grocery store lot. Gillum went back to Detective Bonner’s car and told Bonner that the deal was to take place in front of the grocery store. Gillum then re-tumed to Smith’s van. At this point, Nash arrived on foot in the parking lot and the blue Mercedes and the Buick were in the lot. Defendant Oliver, the driver of the Mercedes, went into the grocery store. Defendant Taylor, the passenger of the Mercedes, got out of the car, approached Nash and showed or handed Nash two packages. 1 Nash then went to the Buick in which Pennington and Roosevelt were seated, and instructed Roosevelt to give him the drugs. When Roosevelt asked Nash where the drugs were located, Nash informed him that they were under Roosevelt’s seat. Roosevelt handed Nash a brown paper sack. Nash took the sack to Smith’s van, got in and showed Gillum its contents: four smaller plastic bags containing a white powder substance. Gillum left the van, and the signal was given for the officers to move in and arrest the defendants.

While effecting the arrests, Officer Blackwell testified that he observed Nash drop the paper sack as he attempted to get out of the van. Officers recovered the sack which was later determined to contain 110 grams of cocaine. The officers also recovered two shotguns from the Buick in which Pennington and Roosevelt were riding, and a small amount of cocaine from the Mercedes in which Oliver and Taylor were riding. Later, while at the police station, Nash made statements to law enforcement officers. Officer Blackwell testified that Nash stated that Pennington and Roosevelt “were out there to handle the situation if it went bad.”

On September 10, 1990, a grand jury returned a five-count indictment against Nash, Taylor, Smith, Roosevelt, Pennington, and Oliver. The indictment charged the defendants as follows:

Count 1 — possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1); all six defendants
Count 2 — using and carrying a firearm (a sawed-off 12-gauge Stevens single shotgun) during and in relation to a drug trafficking crime (namely, Count 1) in violation of 18 U.S.C. § 924(c); all defendants except Roosevelt
*989 Count 3 — using and carrying a firearm (a sawed-off 12-gauge Weatherby shotgun) during and in relation to a drug trafficking crime (namely, Count 1) in violation of 18 U.S.C. § 924(c); all defendants except Pennington
Count 4 — possession of an unregistered firearm (the Stevens shotgun); defendant Pennington
Count 5 — possession of an unregistered firearm (the Weatherby shotgun); defendant Roosevelt

Officers Bonner and Blackwell testified for the government at trial. After the direct examination of each witness, the defense requested all Jencks Act materials relating to that witness. The government provided a copy of Bonner’s grand jury testimony and reports prepared by each - officer.

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Bluebook (online)
13 F.3d 986, 1994 U.S. App. LEXIS 549, 1994 WL 7140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ronald-taylor-92-6548-and-michael-nash-92-6549-ca6-1994.