United States v. Stewart

5 F. App'x 402
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 27, 2001
DocketNos. 98-6753, 99-5196, 99-5025
StatusPublished
Cited by3 cases

This text of 5 F. App'x 402 (United States v. Stewart) 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. Stewart, 5 F. App'x 402 (6th Cir. 2001).

Opinion

PER CURIAM.

Defendants Kirk and Laura Stewart appeal their convictions and sentences for conspiracy to manufacture and possess methamphetamine with intent to distribute, under 21 U.S.C. § 846, and endangering human life while illegally manufacturing a controlled substance, under 21 U.S.C. § 858. Defendant Kirk Stewart also appeals his conviction for being in control of property used for drug manufacturing, in violation of 21 U.S.C. § 856.1 Laura argues that (1) insufficient evidence exists to support her convictions, and (2) the court erred by failing to sentence Laura based on an individualized finding of the level of her participation in the conspiracy. Kirk argues that (1) his 6th Amendment Confrontation Clause, Brady, and Jencks Act rights were violated when the government withheld exculpatory evidence, (2) his right to a fair trial was impaired by the government’s use of false testimony, (3) the evidence was insufficient to support his convictions, (4) he received ineffective assistance of counsel at trial, (5) the court erred in its determination, for sentencing purposes, of the amount of drugs allegedly produced, and (6) the government violated the anti-gratuity statute, 18 U.S.C. § 201(c)(1), by moving for Rule 35 relief for two witnesses, subsequent to the instant trial. We AFFIRM.

I.

Firefighters from Shelby County answered a fire call on the morning of July 13, 1997, at the home of Defendants. The fire was burning in the upper portion of a two-story garage, separate from the residence. Peculiar yellow smoke poured out from the structure.

As firefighters began to combat the blaze, Kirk Stewart identified himself as the owner of the premises and asked them to allow the building to burn to the ground because it was unsafe. Kirk also informed firefighters that there was no way to access the garage’s upper level. Upon entering the garage, firefighters located a stairway and ascended to the upper level, where they saw 50-60 open ether cans, glass jars, tables, an air conditioner, and a safe. A strong smell of ammonia and acid permeated the air, which caused the hospitalization of four firefighters who suffered respiratory complications.

Suspecting that the upper level of the garage was being used to manufacture drugs, firefighters contacted the Shelby County Sheriffs Department and the Drug Enforcement Administration (“DEA”). They obtained a search warrant for the premises, including Defendants’ residence. In addition to the items observed by the firefighters inside the burned garage, police collected protective goggles, coffee filters containing traces of methamphetamine, plastic tubing, a glass pipe of a type commonly used to smoke drugs, a microwave oven, glass vials containing methamphetamine residue, empty medicine bottles [405]*405that once contained antihistamines,2 “hundreds or thousands” of empty antihistamine “blister packets,” triple beam scales, and a box of aluminum foil packets cut into small squares.3

In the safe stored above the garage, police discovered a “brick” of an unidentified substance, wrapped in plastic and duct tape. Suspecting that the brick was either methamphetamine or cocaine, a DEA agent cut a small sample and placed it into a field test ampule containing a solution. Upon exposure to the liquid, the sample exploded. The brick was later identified as sodium metal, a highly volatile and explosive substance that is heavily regulated and necessary to the production of methamphetamine. Officers also observed three propane tank cylinders with plastic tubing, the valve areas of which had been stained blue.4 In Kirk Stewart’s car, police found several receipts from different stores for antihistamines, dated July 12, 1997. In Kirk and Laura Stewart’s bedroom, police located more receipts for antihistamines, some from Laura Stewart’s purse, as well as more coffee filters with methamphetamine residue, and a recipe for methamphetamine. At the residence, police also discovered a prescription bottle belonging to James Cagle, who was not present at the scene.

When questioned about the large number of antihistamines, Kirk Stewart initially denied any knowledge, but eventually contended that he had been purchasing them for a man named Steven Lawson. Stewart claimed to have been ignorant of the fact that the pills were necessary to make methamphetamine.

At trial, numerous firefighters testified concerning their observations on the night of the fire. DEA agents also testified, confirming that methamphetamine was found on the premises, and that sodium metal, anhydrous ammonia, antihistamines, and coffee filters are all used to produce methamphetamine.

Steven Lawson and James Cagle, who at the time were incarcerated in Missouri on unrelated charges for producing methamphetamine, also testified at the trial. Lawson admitted to being at the Stewart’s residence on the night of the fire, and that the fire started during a methamphetamine “cook,” when Lawson mishandled the sodium metal. At the time of the fire, Lawson stated that they were cooking approximately five pounds of methamphetamine. Lawson claimed that Kirk and Laura had supplied Lawson, dating back to 1995, with sodium metal, antihistamines, and ether (in the form of John Deere lighter fluid), in exchange for cash and methamphetamine. Lawson also testified that the Stewarts would prepare in advance what is known as “flea powder” from the antihistamines, so that it was ready whenever Lawson arrived to perform a “cook.” In total, Lawson claimed that 20-50 pounds of methamphetamine had been manufactured with the assistance of the Stewarts, and that at least two pounds would be manufactured at each cook. Finally, Lawson stated that he met with the Stewarts approximately three days after the fire, and that the Stewarts requested that Lawson tell police that the Stewarts had no knowledge of Lawson’s metham[406]*406phetamine operation, and were only purchasing antihistamines for Lawson to “resell.”

James Cagle testified that he had been to the Stewart residence approximately five times with Lawson to cook methamphetamine. Cagle corroborated Lawson’s testimony that the Stewarts would supply antihistamines and produce “flea powder,” in exchange for cash and methamphetamine. Cagle also stated that Kirk Stewart, through his position as a high school teacher, had secured a brick of sodium metal. Cagle admitted to being present on the night the fire started, and that in his haste to leave he forgot his prescription bottle. Finally, Cagle testified that he was present when Lawson met with the Stewarts three days after the fire, and that they asked Lawson to corroborate the story they had given to the police.

Both Lawson and Cagle were questioned on cross-examination about any “deals” they had struck with the government in exchange for their testimony. Both initially denied that they had been promised anything, but each professed awareness of the possibility of a Rule 35 motion for a reduction in sentence. Upon further examination. Cagle admitted that, at a “proffer interview” with Missouri DEA agents, he had been given “immunity” from prosecution in exchange for information.

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Cite This Page — Counsel Stack

Bluebook (online)
5 F. App'x 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-stewart-ca6-2001.