United States v. Thomas

943 F. Supp. 693, 1996 WL 627384
CourtDistrict Court, E.D. Texas
DecidedOctober 22, 1996
DocketNo. 6:95cr52
StatusPublished

This text of 943 F. Supp. 693 (United States v. Thomas) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Thomas, 943 F. Supp. 693, 1996 WL 627384 (E.D. Tex. 1996).

Opinion

[695]*695ORDER

JUSTICE, District Judge.

I. Introduction

On November 15, 1995, a jury convicted Polla Denice Thomas, the defendant in this criminal action, of all offenses charged in a three-count indictment. Specifically, Thomas was convicted of possession with intent to distribute cocaine, cocaine base (“crack”), and marijuana, all in violation of 21 U.S.C. § 841(a)(1). Thomas now moves for judgment of acquittal and for a new trial.

The convictions against the defendant stem from the seizure of illegal drugs found inside a car she was driving en route from Houston, Texas, to Shreveport, Louisiana. During a routine traffic stop, Thomas gave consent to two law enforcement officers to search the car. Inside a black bag in the trunk of the car, the officers found three bags, which contained, respectively, marijuana, cocaine, and cocaine base (“crack”). Also located in the black bag was a book and tablet inscribed with the defendant’s name.

II. Motion for Judgment of Acquittal

The defendant seeks a judgment of acquittal on her drug convictions, asserting that the evidence failed to establish that she had knowledge of drugs being in her ear or that she intended to possess such drugs.

Rule 29(e) of the Federal Rules of Criminal Procedure, in relevant part, provides:

The court on motion of a defendant ... shall order the entry of judgment of acquittal of one or more offenses charged in the indictment ... if the evidence is insufficient to sustain a conviction of such offense or offenses.

The standard for reviewing a motion for judgment of acquittal based upon allegedly insufficient evidence is, whether a reasonable juror could conclude that the evidence established the defendant’s guilt beyond a reasonable doubt. United States v. Pennington, 20 F.3d 593, 597 (5th Cir.1994); United States v. Varkonyi, 611 F.2d 84, 85 (5th Cir.), cert. denied, 446 U.S. 945, 100 S.Ct. 2173, 64 L.Ed.2d 801 (1980). In considering a motion for judgment of acquittal, the trial court is not permitted to substitute its view of the evidence for that of the jury; thus, it is not the role of the trial court to weigh the evidence or assess the credibility of the witnesses. Id.; United States v. Jaras, 86 F.3d 383, 386-87 (5th Cir.1996). Rather, the trial must consider all of the evidence, all reasonable inferences therefrom, and all credibility determinations in the light most favorable to the prosecution. Id. at 386-87; see United States v. Patterson, 644 F.2d 890, 893 (1st Cir.1981).

In a 21 U.S.C. § 841(a)(1) case, the government most prove: (1) the defendant knowingly or intentionally possessed (2) a controlled substance, (3) with the intent to distribute it. Jaras, 86 F.3d at 386. A jury may infer the elements of § 841(a)(1) from circumstantial evidence alone. United States v. Molinar-Apodaca, 889 F.2d 1417, 1423 (5th Cir.1989). In proving possession, it is not necessary to show that the defendant had actual possession of the drugs. It is sufficient to establish constructive possession— specifically, that the defendant had ownership, dominion, or control over the drugs or over a vehicle where the drugs were found. United States v. Polk, 56 F.3d 613, 620 (5th Cir.1995); see also United States v. Resio-Trejo, 45 F.3d 907, 911 (5th Cir.1995) (holding that knowledge of the presence of drugs “often may be inferred from the exercise of control over the vehicle in which the illegal drugs [were] concealed”).

At trial, the defendant did not dispute that drugs were found in her bag and that these drugs were of a sufficient quantity to find intent to distribute. Instead, she disputed and continues to dispute the finding that she knowingly or intentionally possessed the drugs. The government’s case against the defendant with respect to knowing possession of drugs included the following facts:

1. On September 25, 1995, at about 2:30 a.m., the defendant was stopped by Panola County deputies Joe Mims and Chris Rivers on U.S. Hwy. 59 for speeding. Two other persons, McDaniel Smith and Tina Marie Stills, were in the rental vehicle with the defendant. The defendant told the deputies she was traveling from Houston and that her destination was Shreveport, Louisiana.

[696]*6962. A rental receipt found in the car showed that it was rented by Carl White.

3. Deputy Mims testified that Smith was asked how long the passengers had been in Houston, and he said, “just for a couple of days.” The defendant, on the other hand, in response to the same question, said about á week. Subsequently, Deputy Mims asked for and received consent from the defendant to search the vehicle.

4. During the search, Deputies Mims and Rivers, in addition to Officer Keith Edgmon, who had since arrived at the scene, observed a black bag in the trunk. The defendant told the deputies that the bag was hers and that they should be careful in searching it because it contained her. “dirty undergarments.” No dirty undergarments were found in the bag.

5. Inside the bag, in fact, were a plastic bag containing about a half pound of marijuana, a plastic bag containing nine smaller bags of crack cocaine, and a paper sack containing a clear plastic bag filled with approximately one pound of cocaine. The defendant did not express surprise when she saw that drugs had been found in her bag.

6. The black bag contained a book and tablet inscribed with the defendant’s name.

7. A receipt, which was found among the defendant’s personal property, showed that on August 26,1995, she wired $2,000 to Stills in Houston.

In rebuttal, the defendant offered the evidence of her husband, her mother, a friend, and herself. None of these witnesses disputed that drags were found in the defendant’s bag or that these drags were marijuana, cocaine, and crack. Rather, the defendant’s ease rested on the theory that she did not know the drags were in her bag. Her case centered on the testimony of her husband, Melvin Thomas (“the husband”).

The husband testified as follows:

His wife did not have knowledge of the drags in her bag; but he, along with Stills, Smith, and a drag dealer named Carl White, were actually responsible for the drags being in the car. The drags were being transported to Shreveport to fulfill drag sales the husband had arranged. The husband did not know who had placed the drags in Thomas’ bag; however, Smith told him that he had placed the drags in what he thought was Stills’ bag. He had brought his wife with him to Houston because she was “scared” to stay in Shreveport alone. His wife had no knowledge of his involvement with drag dealing. The husband gave the defendant $2,000 to transfer by wire to Stills in Houston, thus accounting for the receipt dated August 26, 1995.

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Bluebook (online)
943 F. Supp. 693, 1996 WL 627384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thomas-txed-1996.