United States v. Terry Dawkins

347 F. App'x 182
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 28, 2009
Docket07-6493, 08-5315, 08-5422
StatusUnpublished
Cited by5 cases

This text of 347 F. App'x 182 (United States v. Terry Dawkins) 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. Terry Dawkins, 347 F. App'x 182 (6th Cir. 2009).

Opinion

OPINION

McKEAGUE, Circuit Judge.

Fourteen defendants were indicted on a conspiracy to distribute cocaine and co *184 caine base. Many of the defendants pleaded guilty, while three — Connie Jermaine Young, Terry Dawkins, and Elisa Grooms — pleaded not guilty and went to trial. All three were found guilty and, in this consolidated appeal, they now allege a number of errors including prosecutorial misconduct, insufficiency of the evidence, and the inadmissibility of a variety of evidence and testimony at trial. For the reasons given below, we affirm.

I.

The general shape of the conspiracy, as established through the proofs at trial, was as follows. Rickey Story spearheaded a conspiracy to sell significant amounts of cocaine and cocaine base in the Eastern District of Tennessee. The conspiracy ultimately involved fourteen people, eleven of whom pleaded guilty. Story would receive the drugs from two sources: a source called “Carlos,” who was never apprehended, and a source in South Carolina. Evidence at trial indicated that Young was the source in South Carolina. Story would go to South Carolina several times a week, accompanied by Dawkins. They would return with nine to eighteen ounces of cocaine at a time. They would then cook some of the cocaine into crack cocaine. Story would then give powder cocaine and crack cocaine to Dawkins, Grooms, Timothy Collins and multiple others to sell in and around eastern Tennessee.

Story had relationships with several women involved in the conspiracy. He was married to Amy Leonard, and he dated both Debra Demery and Grooms. Story also had a child with Grooms. All three women were involved in the conspiracy. 1 Leonard and Demery testified at trial regarding the conspiracy.

A. The Investigation

Based on information from Troy Hunt, a confidential informant, a Drug Enforcement Agency (“DEA”) task force began investigating Rickey Story in October 2005. Members of the task force recorded a call between Hunt and Story on October 13, 2005. On the call, Story agreed to sell Hunt a half an ounce of crack cocaine and told Hunt to pick up the crack at Story’s house.

Agents sent Hunt to Story’s house with money for the purchase. Hunt wore a wire to record his conversations with Story. Story was not there when Hunt arrived, so the agents had Hunt set up an alternate meeting. At that meeting, Story sold Hunt crack cocaine. The agents observed Story leaving the meeting in a car with one other person. Hunt identified the passenger as Terry Dawkins.

In November 2005, DEA agents asked Hunt to purchase a full ounce of cocaine from Story. Story agreed to make the sale. Hunt again wore a wire. The agents heard Story tell Hunt to meet him at a Sonic Drive-In. The agents parked about a hundred yards away from the Sonic to observe. Shortly after the call, a brown Chevrolet pulled into the Sonic and a black man wearing a hat got out of the car. The man told Hunt that he had been sent to make the sale. The man gave Hunt crack cocaine, and Hunt left.

Based on the two purchases, the agents received a Title III wiretap order for Story’s cell phone. The order began in February 2006, and it allowed the agents to tap Story’s phone for thirty days. After thirty days, the agents sought an extension to the wiretap order. The district court granted an extension, and it expanded the original order to allow agents to intercept text messages.

*185 Using information from the wiretap, agents were able to identify others involved with Story in selling cocaine, including Connie Young, Terry Dawkins, and Elisa Grooms. A grand jury issued an indictment for Story and unnamed others for conspiracy to distribute five kilograms of cocaine. A superseding indictment later included Dawkins, Young, Grooms, Collins, Demery, Leonard, and others.

B. Evidence at Trial

1. Young

The evidence against Young consisted primarily of Story’s testimony and information gleaned from the wiretap. Story identified Young as Dawkins’s source for cocaine in South Carolina. Though he was never introduced to Young, he spoke with him once or twice. Story also indicated that Dawkins would go to Young’s house to get the cocaine.

David Chambers, a member of the DEA task force, testified that the task force linked the voices on the wiretap to names by retrieving the subscriber information for the numbers calling Story. Chambers testified that he was able to link names to voices by context. For instance, after a call, Story would make another call and say, “I just got done talking to Terry.” Chambei’s also indicated that the task force would subpoena phone companies to provide subscriber information for numbers that called or were called from Story’s phone. The task force would then retrieve the criminal history for each of those callers.

On the recorded calls, Story only spoke to Young one time. However, Chambers testified that Dawkins and Young spoke on the phone four or five times. Story identified Dawkins and Young talking about drugs on several of the recorded calls and making plans to meet in South Carolina. Story also indicated that, in one of the recorded calls, Dawkins told him that Young was going to front Dawkins seven ounces of cocaine. Story also noted that, in another call, Dawkins referred to Jeremy and that Jeremy meant Young.

Chambers acknowledged that he himself did not have a basis to identify Young’s voice. When pressed on how he identified Young, Chambers indicated that Story had identified Young. Chambers also indicated that he relied on “other factors that corroborated that — what he told me, the phone call I listened to, and Mr. Young’s criminal history.”

After Chambers mentioned Young’s criminal history, Young’s lawyer requested a mistrial. The district court denied Young’s motion but offered Young’s attorney a limiting instruction. After conferring with his client, the attorney declined the instruction. Young’s attorney renewed his motion for a mistrial at the end of the government’s case. The motion was again denied.

2. Dawkins

At trial, Chambers identified Dawkins as the man at the November 2005 buy. Chambers admitted that he told the grand jury that the man at that buy was tall but that Dawkins was short. He noted that Dawkins was on an embankment at the time Chambers observed him. Hunt testified that Dawkins sold him crack cocaine in the November 2005 buy that Chambers witnessed. Similarly, Story testified that Dawkins had accompanied him on the October buy and that he had sent Dawkins to sell to Hunt in November.

Testimony established that Dawkins was intimately involved in Story’s drug sales. Two witnesses described Dawkins as Story’s right-hand man. One witness testified that Dawkins would help Story cook the cocaine and distribute it. Timothy Collins, *186 who lived with Story for a time, testified that Dawkins would make daily cocaine deliveries on Story’s behalf.

Testimony also linked Dawkins to Story’s supplier.

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

Related

United States v. Xiaorong You
74 F.4th 378 (Sixth Circuit, 2023)
United States v. Graham
622 F.3d 445 (Sixth Circuit, 2010)
Young v. United States
176 L. Ed. 2d 143 (Supreme Court, 2010)
Dawkins v. United States
176 L. Ed. 2d 142 (Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
347 F. App'x 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-terry-dawkins-ca6-2009.