United States v. Sellers

603 F.2d 53
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 7, 1979
DocketNos. 79-1107, 79-1112 to 79-1114, 79-1125 and 79-1126
StatusPublished
Cited by26 cases

This text of 603 F.2d 53 (United States v. Sellers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Sellers, 603 F.2d 53 (8th Cir. 1979).

Opinion

ROSS, Circuit Judge.

Defendants were tried jointly for conspiracy to distribute heroin in violation of 21 U.S.C. § 846. The jury returned a verdict of guilty as to each, and the district court1 sentenced each defendant to four years imprisonment to be followed by a special three year parole term, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). On appeal defendants challenge the sufficiency of the evidence to sustain their convictions, various rulings by the district court before and during trial, and the legality of their sentences. We affirm.

I.

Defendants first contend that the evidence was insufficient to establish the existence of a conspiracy to distribute heroin. We disagree. The record overwhelmingly establishes a long-term, successful and profitable heroin distribution scheme in Iowa headed by Clifford Hobbs.

George Childress, a heroin supplier based in Los Angeles, testified that for approximately three years beginning in 1975, he sold heroin to Clifford Hobbs for distribution in Cedar Rapids and Des Moines, Iowa. While Hobbs or persons he designated usually picked up the heroin from Childress in California, occasionally Childress sent the narcotics to Hobbs in Iowa. Deliveries occurred approximately three times per month, averaging six ounces per sale, for a price of $850 an ounce.

A number of “lieutenants” (who held intermediate positions below Hobbs in the distribution scheme) and street dealers (who ranked below lieutenants) testified to the structure of Hobbs’ organization, including the substantial profits at each level and identified participants in the operation. Their testimony was corroborated by Drug Enforcement Administration agents and Iowa state police as well as by tape recordings between government informants and members of the conspiracy.

[55]*55We also find the evidence sufficient to connect each of the defendants to the conspiracy.2 The record includes the following testimony.

Donald Larry Jones, a lieutenant in Hobbs’ operation beginning in April 1977 and previously a street dealer working for another Hobbs lieutenant, reported his dealings with each of the defendants. While he was still a street dealer, Jones purchased heroin from Dennis English in December 1976 and January 1977. English told Jones that he was selling heroin for Hobbs. Jones was subsequently directed to William Jewett for a supply of heroin in return for work Jones had performed for Clifford Hobbs and for Mable Woods, with whom Hobbs lived. Jewett sold heroin to Jones in March and April 1977.

When Jones first became a lieutenant, Johnnie Caradine was one of three street dealers Jones supplied with heroin. In each transaction with Caradine, Jones provided 10 to 20 “bindles” or packets of heroin. Caradine sold these, returning $17.00 to Jones for each bindle. Jones subsequently turned these amounts over to Hobbs. In August 1977, Preston Sellers became a street dealer supplied by Jones.

In June 1977, Hobbs went to California to purchase heroin. Donald Jones telephoned him three times to determine when Hobbs would return and where Jones could obtain more heroin. When Hobbs returned to Des Moines, he instructed Jones to contact Don Williams, a member of Hobbs’ organization, who was to direct Jones to the source of his next supply of Hobbs’ heroin. Complying with these directions, Jones obtained 30 bindles of the promised heroin from defendant William Monroe. Monroe told Jones to return the profits from the sale of 20 bindles to Don Williams. Jones complied, and the next day he returned to Monroe for more heroin, again directed to do so by Don Williams. At that time Monroe stated that he had destroyed his remaining supply during an encounter with police.

Loraine Moomey, a police informant, testified that between January and August 1977, she purchased heroin from defendants English, Jewett, Caradine and Sellers, dealing several times with each. During most of this period, Moomey was working for Officer Jack Morton of the Des Moines police narcotics unit. Morton’s testimony at trial corroborated Moomey’s activities.

In addition, Joe Lewis, a heroin user, testified that he was paid in heroin for odd jobs he performed for Clifford Hobbs and Mable Woods. At Hobbs’ direction, Lewis went to Dennis English, among others, for delivery of the heroin.

Ellen Sue Newton, a heroin user, testified that on various occasions she accompanied William Monroe to the home of Mable Woods’ daughter. Each time Monroe entered the house alone, and when he returned Newton and Monroe immediately used heroin together.

Gail Hill, a heroin user and dealer supplied by Donald Jones, testified that Preston Sellers helped her sell heroin obtained from Jones and that Sellers sometimes sold some of Jones’ supply alone. Another witness, Jill Seibert, reported that at her request, Preston Sellers supplied the first heroin she had ever used.

Defendants urge that the testimony of Jones and Moomey should be discounted as that of convicted felons, heroin addicts and immunized coconspirators. Nevertheless, unless incredible or unsubstantial on its face, the testimony of an accomplice is sufficient to sustain a conviction. United States v. Abrahamson, 568 F.2d 604, 607 (8th Cir. 1978). The credibility of these witnesses and the weight to accord their testimony are matters entrusted to the jury. United States v. Scholle, 553 F.2d 1109, 1119 (8th Cir.), cert. denied, 434 U.S. 940, 98 S.Ct. 432, 54 L.Ed.2d 300 (1977). The evidence need not “exclude every hypothesis except that of guilt” as long as it is sufficient to convince the jury beyond a [56]*56reasonable doubt that the defendant is guilty. United States v. Collins, 552 F.2d 243, 245 (8th Cir.), cert. denied, 434 U.S. 870, 98 S.Ct. 214, 54 L.Ed.2d 149 (1977). Furthermore, “[i]n order to convict a defendant of conspiracy, it is not necessary to prove that he knew all of the conspirators or that he was aware of all details of the conspiracy. A showing that the defendant knowingly contributed efforts in furtherance of it is sufficient.” United States v. Schmaltz, 562 F.2d 558, 560 (8th Cir.), cert. denied, 434 U.S. 957, 98 S.Ct. 485, 54 L.Ed.2d 315 (1977). We have reviewed the record, and we find substantial evidence upon which the jury could have found affirmative cooperation and knowing participation in the Hobbs heroin distribution operation by each defendant.3

II.

William Jewett contends that three overt acts alleged in the indictment relating conduct specifically by him were not established by the evidence and that it was error to include them in the court’s charge to the jury. However, Jewett does not suggest a failure of proof with respect to other overt acts alleged in the indictment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Duane Huber
404 F.3d 1047 (Eighth Circuit, 2005)
State v. Forde
726 A.2d 132 (Connecticut Appellate Court, 1999)
State v. Jones
647 A.2d 43 (Connecticut Appellate Court, 1994)
State v. Boykin
609 A.2d 242 (Connecticut Appellate Court, 1992)
United States v. Williams
809 F.2d 63 (First Circuit, 1986)
United States v. Horsley
621 F. Supp. 1060 (W.D. Pennsylvania, 1985)
State v. Reutter
374 N.W.2d 617 (South Dakota Supreme Court, 1985)
United States v. Lewis
759 F.2d 1316 (Eighth Circuit, 1985)
United States v. Bart Forzese
756 F.2d 217 (First Circuit, 1985)
United States v. McGiffen
578 F. Supp. 899 (E.D. California, 1983)
United States v. Roberto Louis Bosch Morales
677 F.2d 1 (First Circuit, 1982)
United States v. Larry Darnell Watson
677 F.2d 689 (Eighth Circuit, 1982)
Bifulco v. United States
447 U.S. 381 (Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
603 F.2d 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sellers-ca8-1979.