United States v. Stitzer

785 F.2d 1506
Court of Appeals for the Eleventh Circuit·Decided April 7, 1986·No. No. 84-5425·Published·Cited by 65 cases

Opinion

TUTTLE, Senior Circuit Judge:

This criminal appeal involves five appellants, Jonathan Scott Baldwin, Pedro Alfonso Sanchez-Paz, Richard Perna, Glen Hollingsworth, and Robert Stitzer.

On September 7, 1983, appellants and eight other persons were charged in a thirty-five count indictment by a federal grand jury. Count I charged all of the defendants with conspiracy to possess multi-kilogram quantities of cocaine with intent to distribute in violation of 21 U.S.C. § 846. Appellant Jonathan Scott Baldwin was also charged in twelve counts of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (Counts 2, 4, 6, 8, 11, 14, 18, 19, 23, 26, 29, and 34); ten counts of distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1) (Counts 3, 5, 7, 9, 12, 15, 20, 24, 27, and 30), and a single count of transporting a firearm in interstate commerce for the purpose of facilitating the possession for distribution of cocaine (Count 35). Appellant Perna was charged in a single substantive count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (Count 13). Appellant Sanchez-Paz was charged in four counts of possession with intent to distribute and three counts of distribution of cocaine in violation of 21 U.S.C. § 842(a)(1) (Counts 16, 17, 19, 20, 22, 23, and 24). Appellant Hollingsworth was charged in four counts of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (Counts 18, 25, 28 and 31). Appellant Stitzer faced one count of possession with intent to distribute and another count of distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) (Counts 32 and 33). Defendant Marte was charged with seven counts of possession with intent to distribute cocaine (Counts 10, 13, 18, 21, 25, 28 and 31). Defendant Jones was charged with two counts of possession with intent to distribute cocaine (Counts 25 and 28). Defendant Van Wormer was charged with three counts of possession with intent to distribute cocaine; all in violation of 21 U.S.C. § 842(a)(l)(Counts 28, 31, and 34).

A jury trial commenced on April 16, 1984 and concluded on May 7, 1984. The jury found Sanchez-Paz and Perna guilty on all counts, Hollingsworth guilty of conspiracy and two of the substantive counts of possession with intent to distribute cocaine, but was unable to reach a verdict on the other two substantive counts. The jury found appellant Stitzer guilty of only the conspiracy charge. Appellant Baldwin pled guilty to four counts but subsequently tried unsuccessfully to withdraw his guilty plea. We affirm each appellant’s conviction.

The evidence at trial warrant the jury’s finding of the following facts, which are discussed as to each appellant.

[1510]*1510I. STATEMENT OF FACTS

In approximately March of 1979, Jonathan Scott Baldwin began to expand his cocaine distribution network. In the initial stage of the conspiracy, Baldwin met in Fort Lauderdale, Florida, with Owens Samuel Roberts, who, together with his partners, James Marte and Richard Perna, had been engaged in the distribution of marijuana through an auto dealership, P & M Motors in Downer’s Grove, a suburb of Chicago, Illinois. At the meeting, Roberts explained that he and his partners wanted to expand into the cocaine business. He then purchased a pound of cocaine from Baldwin for between $24,000 and $26,000. Roberts took the cocaine back to Chicago, where he broke the package down into ounces, distributed it, and shared the profits with Marte and Perna.

After this initial transaction, Roberts made approximately fifteen additional trips to Fort Lauderdale to purchase cocaine from Baldwin. Usually, he received a pound of cocaine on each trip, and until the termination of their association in 1980, Roberts always split his profits with Marte and Perna, who occasionally provided Roberts with vehicles to travel from Chicago to Fort Lauderdale to pick up their cocaine. On his visits to Fort Lauderdale, Roberts sometimes stayed at a Howard Johnson Motel, located on Commercial Boulevard and North Federal Highway. His visits from September 14 to September 16, 1979; December 2 to December 3, 1979; March 27 to March 29, 1980; June 3 to June 4, 1980; and June 30 to July 1, 1980, each resulted in Roberts making cash payment to Baldwin for the previous shipment and obtaining a new delivery, generally of a pound of cocaine.

Roberts was one of a number of couriers employed by this network of distributors. In the summer of 1980, William Edward Jackson began his participation as a courier by taking eight ounces of cocaine from Baldwin to distribute in Connecticut. Upon his return to Fort Lauderdale, Jackson gave Baldwin $12,000 from the sale of that cocaine. Through his participation in the cocaine distribution network, Jackson came to know other couriers, such as Sam Roberts, who was making trips approximately once a month.

Roberts also met Jack Moncrief in the spring of 1980 at Baldwin’s house when Moncrief was there to pick up a quantity of cocaine. Moncrief’s involvement with the network dated back to 1978. At that time, he began purchasing cocaine from Baldwin four ounces at a time. He then resold the cocaine. The course of dealings was for Baldwin to advance Moncrief the cocaine at a price of $1,600 an ounce, and for Moncrief to take it back to his home in Houston. In approximately ten days, Moncrief would return to make the payment due and to obtain a new supply of cocaine. By his third or fourth trip, Moncrief began picking up a pound of cocaine on each trip. During the following ten years, he exchanged money for cocaine with Baldwin every two days to two weeks.

In the fall of 1980, Baldwin sent Jackson to Houston, Texas to deliver a pound of cocaine to Moncrief and an associate. Later that same year, Jackson made several trips to Chicago to deliver cocaine and pick up money from Perna and Marte at P & M Motors. On the first of these trips, Perna handed Jackson a package of money for Baldwin. On the second trip, Jackson delivered a pound of cocaine to Maree after driving to Chicago from Baldwin’s residence in Fort Lauderdale in an automobile provided by Marte and Perna through their dealership. On the second trip, Marte examined the package from Jackson and rejected it because it did not appear to be of-high enough quality.

Marte and Jackson then flew back to Fort Lauderdale to meet with Baldwin. Baldwin subsequently pressed the package of cocaine to make it appear to be of higher quality, and returned it. Now satisfied with the quality, Marte returned with the cocaine to Chicago.

On December 5, 1980, Baldwin sent Jackson and Moncrief to New Orleans by car. Once there, Moncrief flew on to Las Vegas with a pound of cocaine. Meanwhile, Jack[1511]

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

United States v. Stitzer, 785 F.2d 1506 (11th Cir. 1986).

785 F.2d 1506 (United States v. Stitzer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Robinson v. United States
S.D. Georgia, 2022
Lang v. United States
S.D. Georgia, 2022
United States v. Quintavious Obie
Eleventh Circuit, 2020
Dias v. United States
S.D. Georgia, 2020
United States v. Lee John Maher
955 F.3d 880 (Eleventh Circuit, 2020)
Oglesby v. United States
M.D. Florida, 2019
Gordon v. United States
S.D. Georgia, 2019
United States v. Antron Miles
Eleventh Circuit, 2019
United States v. Estil Gedeon
Eleventh Circuit, 2018
United States v. Pedro Enrique Perez Rodriguez
542 F. App'x 813 (Eleventh Circuit, 2013)
United States v. Travis Etienne
520 F. App'x 915 (Eleventh Circuit, 2013)
United States v. Steven Justin Villalona
506 F. App'x 902 (Eleventh Circuit, 2013)
United States v. Ernest Blanco, Jr.
500 F. App'x 855 (Eleventh Circuit, 2012)
Morris v. Commonwealth
658 S.E.2d 708 (Court of Appeals of Virginia, 2008)
Densmore v. United States
543 F. Supp. 2d 1359 (S.D. Georgia, 2008)
United States v. Muhammad
502 F.3d 646 (Seventh Circuit, 2007)
United States v. Stallings
194 F. App'x 827 (Eleventh Circuit, 2006)
United States v. Bobby Marshall Zidell
323 F.3d 412 (Sixth Circuit, 2003)