United States v. Steven Spears

469 F.3d 1166, 2006 WL 3488734
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 5, 2006
Docket05-4468, 06-1354
StatusPublished
Cited by6 cases

This text of 469 F.3d 1166 (United States v. Steven Spears) 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. Steven Spears, 469 F.3d 1166, 2006 WL 3488734 (8th Cir. 2006).

Opinions

RILEY, Circuit Judge.

Steven Spears (Spears) appeals his conviction for conspiracy to distribute 50 grams, or more of cocaine base (crack cocaine), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A), and 500 grams or more of cocaine salt (powder cocaine), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The government cross-appeals, arguing the district court erred in granting a downward variance based solely" on the district court’s categorical rejection of the 100:1 powder cocaine to crack cocaine quantity ratio inherent in the United States Sentencing Guidelines (Guidelines). For the reasons stated below, we affirm Spears’s conviction, and we reverse his sentence and remand to the district court for resentencing.

I. BACKGROUND

On June 2, 2004, law enforcement responded to an anonymous report of drug trafficking in a room at the Hamilton Inn in Sioux City, Iowa. The responding officers observed a high volume of traffic entering and leaving the hotel room. The officers stopped several vehicles, whose occupants had been observed leaving the room. Upon searching the vehicles, the officers discovered crack cocaine. The officers obtained and executed a search warrant on the hotel room and found Spears, Elliott Ward (Ward), and one other person inside the room. The officers searched Spears and found $805 in cash, but no cocaine. Spears was arrested, and after receiving his Miranda1 warnings, Spears admitted in a videotaped interview with law enforcement that he previously sold both powder and crack cocaine.

At trial, five cooperating witnesses testified for the government. John Spencer (Spencer) testified he witnessed Spears receive more than two ounces of powder cocaine on ten or more occasions. Spencer said Spears cooked some of the powder cocaine into crack cocaine. Spencer also related that between 2003 and October 2004, he purchased a total of seven to eight ounces or more of crack cocaine from Spears, and then sold smaller quantities to others. Spencer further testified to making trips to Chicago, Illinois, with Spears and purchasing five or more ounces of cocaine per trip. Go-conspirators Calvin Bailey (Bailey) and Ward testified they pooled money with Spears and purchased one-half ounce to nine ounce quantities of powder cocaine from various drug sources. Ward admitted buying both powder and crack cocaine from Spears. Two other [1169]*1169cooperating witnesses gave similar testimonies. All cooperating witnesses testified in hopes of receiving reduced sentences.

The jury convicted Spears of conspiracy to distribute 1,792 grams of crack cocaine and 500 grams of powder cocaine. At sentencing, the district court concluded the drug quantities produced a total offense level of 38. Based on Spears’s criminal history category of IV, the resulting advisory Guidelines sentencing range was 324 to 405 months’ imprisonment. Relying on United States v. Perry, 389 F.Supp.2d 278 (D.R.I.2005), Spears argued the application of the 100:1 quantity ratio between powder cocaine and crack cocaine under the Guidelines results in a sentence substantially greater than necessary to promote the objectives of 18 U.S.C. § 3553(a). The district court agreed with Spears and adopted the rationale set forth in Perry. Then, using a 20:1 powder cocaine to crack cocaine quantity ratio, the district court granted Spears a downward variance to a total offense level of 34, which produced an advisory Guidelines range of 210 to 262 months’ imprisonment. Thereafter, the district court sentenced Spears to the statutory mandatory minimum of 240 months’ imprisonment. Both Spears and the government appeal.

II. DISCUSSION

A. Sufficiency of the Evidence

Spears first argues there is insufficient evidence to support his conviction. He asserts the witnesses’ testimonies were “highly questionable” based on their criminal backgrounds and their motivations to testify in exchange for leniency. “We review de novo the sufficiency of the evidence, examining the evidence in the light most favorable to the jury verdict and giving the verdict the benefit of all reasonable inferences.” United States v. Winter-mute, 443 F.3d 993, 1003 (8th Cir.2006) (citation omitted).

Five cooperating witnesses testified about their involvement in cocaine trafficking with Spears, including (1) obtaining cocaine from various sources and then distributing the cocaine to assorted customers, (2) cooking powder cocaine into crack cocaine, (3) pooling money to purchase larger quantities of cocaine, and (4) selling the cocaine and splitting the proceeds. The government presented the jury with Spears’s videotaped confession, wherein Spears admitted to pooling money with cooperating witnesses in order to purchase and then resell cocaine.

Sufficiency challenges based solely on the credibility of witnesses rarely, if ever, prevail. See, e.g., United States v. Espino, 317 F.3d 788, 794 (8th Cir.2003). It is within the jury’s province to resolve conflicts in the witnesses’ testimonies, evaluate their credibility, and afford their testimonies the appropriate weight. United States v. Tabor, 439 F.3d 826, 830 (8th Cir.), petition for cert. filed (May 31, 2006) (No. 06-5244); United States v. Moore, 108 F.3d 878, 881 (8th Cir.1997) (“On appeal, we do not pass upon the credibility of witnesses or the weight to be given their testimony.” (citation and internal quotation omitted)). We conclude sufficient evidence supports Spears’s conviction for conspiracy to distribute cocaine base and cocaine salt.

B. Admission of Evidence of Prior Conviction

Spears also argues the district court abused its discretion in admitting evidence of his 2000 felony conviction in Illinois for manufacture and delivery of cocaine. Spears does not deny committing the crime; rather, he contends the evidence of his prior conviction was unduly prejudicial. We disagree.

[1170]*1170The district court is granted broad discretion in the admission of evidence under Federal Rule of Evidence 404(b). United States v. Voegtlin, 437 F.3d 741, 745 (8th Cir.), cert. denied, — U.S.-, 127 S.Ct. 368, - L.Ed.2d — (2006). We will reverse only if the evidence has no bearing on the case and was introduced solely to prove the defendant’s propensity to commit criminal acts. Id.

Evidence of prior criminal acts is not admissible to prove the defendant acted in conformity with the prior act, but it may be admissible for other purposes such as proving a defendant’s knowledge or intent. See Fed.R.Evid. 404(b).

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Related

Spears v. United States
555 U.S. 261 (Supreme Court, 2009)
United States v. Spears
469 F.3d 1166 (Eighth Circuit, 2006)

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469 F.3d 1166, 2006 WL 3488734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-steven-spears-ca8-2006.