United States v. Sidney Hamilton, Also Known as Sid

332 F.3d 1144
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 31, 2003
Docket02-3488
StatusPublished
Cited by99 cases

This text of 332 F.3d 1144 (United States v. Sidney Hamilton, Also Known as Sid) 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. Sidney Hamilton, Also Known as Sid, 332 F.3d 1144 (8th Cir. 2003).

Opinion

WOLLMAN, Circuit Judge.

A jury found Sidney Hamilton guilty on all six counts of an indictment charging him with drug conspiracy, drug trafficking, and firearms offenses in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. §§ 922(g)(1), 924(c)(1)(A). Hamilton was sentenced to forty years in prison on count IV and life in prison on each of the remaining counts, each term to be served consecutively. Hamilton contends that the evidence was insufficient to sustain his conviction on each count and that the district court 1 therefore erred by denying his motion for judgment of acquittal. We affirm.

I.

We state the facts in the light most favorable to the jury’s verdict. Courtney Hamilton, Sidney Hamilton’s nephew, began selling drugs in the St. Louis area in 1995. Courtney testified that he started using a house at 1781 Drake Lane in rural Franklin County, Missouri, after Hamilton suggested to Courtney that there would be less risk if the customers came to him. The house was owned by Courtney but was held in his mother’s name. Hamilton lived in a trailer next to the house. Although the trailer had two bedrooms, the master bedroom had no bed and was used only for storage.

Once the crack house was established, the quantity of drugs that Courtney sold increased quickly. Courtney recruited several other people to sell drugs from the *1147 house. Hamilton began selling drugs at the house in 1999. Antinette Briggs, Dwuan Carter, and Wil Johnson also sold drugs at the house. Drug sales took place twenty-four hours a day, seven days a week. Courtney and Briggs testified that the sales were made according to a rotation whereby one person would take the first customer, another would take the second, continuing until each had made a sale, at which point the rotation would start over. If a customer approached seeking to make a small purchase, the distributor had the option of passing that customer to the next distributor in line. Courtney set a minimum purchase of $50 to reduce the traffic at the drug house. Crack cocaine was sold for $100 per gram, $50 per half-gram. On occasion, the crack house would offer a sale in which a $100 purchaser received an additional fifty dollars’ worth of crack for free. On a busy day, the drug house would receive 50 to 100 customers. Courtney testified that approximately 850 grams of cocaine and 150 grams of crack were sold from the house each month.

One prosecution witness, James Luttrell, testified that he spent half of a $98,000 insurance settlement on crack cocaine and the other half on property he eventually pawned to buy crack at the house. Lutt-rell estimated that he made more than 100 purchases from Hamilton. During the busiest times of the week, there were as many as fifteen or twenty cars parked outside the crack house. Occasionally Luttrell had to park out on the gravel road, walk up to the house, and wait in line for his turn to buy drugs. On several occasions, Luttrell observed Hamilton in close proximity to firearms at the crack house. Luttrell testified that Hamilton encouraged him to continue purchasing drugs even when he had run out of money. In May or June of 2001, after the drug house had been shut down but before indictments issued against Hamilton and twenty-one others charged in the conspiracy, Hamilton delivered crack to Luttrell’s house.

A second prosecution witness, Rosa Ann Bialik-Luttrell, wife of James Luttrell, went to the crack house as many as ten times per day and approximately twenty days per month. Bialik frequently saw Hamilton at the crack house and testified that she purchased from him “[j]ust about every time.” Her purchases averaged about twenty grams per month. Bialik testified that at busy times she had to wait as long as one hour to get into the house. Bialik observed both Courtney and Hamilton sell crack and cocaine to other customers and stated that firearms were often visible in the house and the trailer in close proximity to Hamilton.

On August 9, 1999, Hamilton misplaced approximately four ounces of cocaine and, believing it had been stolen by one of the last four drug customers, phoned one of them, Mike McAuley, and asked him to come back to the house. Upon McAuley’s return, Hamilton struck McAuley on the head with “an axe handle or a hatchet,” causing blood to run down his face. Hamilton led McAuley inside the crack house, where the other three customers he suspected of the theft were waiting. Hamilton then struck each of the four individuals on the head with his gun. One witness testified that Hamilton alternated taking hits from a crack pipe and shooting at the wall between the four individuals. At one point Hamilton ordered each person in turn to place an empty two-liter bottle on his head, at which point he shot the bottle off the person’s head. Courtney arrived later and dismissed the four with a warning that he and Hamilton would find out who stole the cocaine and “deal with them our way.”

On August 22, 1999, Shelbert Gant walked from his house down the road to Hamilton’s trailer to obtain some cocaine. *1148 Although Gant had occasionally purchased small quantities from Hamilton, Hamilton usually gave it to him. After Gant entered the trailer, Hamilton started yelling, claiming that Gant owed him $20 for a previous purchase of cocaine, and hit Gant twice on the head with a stick. Gant went home, got his .22 rifle, and returned to the trailer. Gant’s wife followed him back to the trailer. Briggs and a crack cocaine customer named Shane Lashley were inside the trailer with Hamilton. Gant fired some shots over the trailer and Hamilton fired back with a pistol through the window. Gant fell to the ground, pretending that he had been hit. Hamilton then turned, said he “wasn’t leaving no witnesses,” and shot Lashley. Mrs. Gant testified that she saw a man lying on the floor inside the door, heard him say “it hurts,” and saw Hamilton point his gun down and shoot twice. Hamilton told Mrs. Gant to go home, handed Gant a pistol, and ordered him to “[s]hoot [Lashley] or else.” The next day, Hamilton told Courtney that he had shot Lashley and dumped his body in a ditch.

On September 9, 1999, police officers executed a search warrant at the trailer and crack house. Hamilton, Briggs, and a third individual were present when the officers arrived. Inside a trash can just outside the front door of the trailer, the officers found 106.42 grams of cocaine concealed within a flashlight. An additional 1.60 grams of cocaine powder and 5.4 grams of crack cocaine were discovered in the living room and the utility room of the trailer. The officers also found several crack pipes, burnt spoons, test tubes, and a digital scale. Detective Grellner, an officer who had been trained in the methods and operations of drug distribution organizations and who had been involved in the investigation of several hundred drug cases, testified regarding notes found in the trailer. In Detective Grellner’s opinion, the notes indicated the initials of people who had purchased or were fronted drugs and how much, if any, outstanding debt each person had. Four firearms were recovered from the trailer.

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Cite This Page — Counsel Stack

Bluebook (online)
332 F.3d 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sidney-hamilton-also-known-as-sid-ca8-2003.