United States v. Timmons

233 F. App'x 206
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 1, 2007
Docket05-4907
StatusUnpublished
Cited by1 cases

This text of 233 F. App'x 206 (United States v. Timmons) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Timmons, 233 F. App'x 206 (4th Cir. 2007).

Opinion

DUNCAN, Circuit Judge.

Appellant Derrick Anthony Timmons (“Timmons”) was charged together with Preston Cornelius Everett (“Everett”) in a two-count superseding indictment for conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846, and for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). Just prior to the beginning of Timmons’s and Everett’s joint trial, Timmons’s counsel was dismissed because of a conflict of interest. The trials were severed to allow Timmons an opportunity to obtain court-appointed trial counsel. A jury convicted Timmons of both counts, and the district court sentenced him to 300 months’ imprisonment, 10 years’ supervised release, and a $200 special assessment. Timmons now appeals his convictions and his sentence. For the reasons discussed below, we affirm.

I.

According to the evidence adduced at trial, 1 the charged conspiracy began in 2003 when Timmons and Everett began purchasing cocaine from Adrian Adkins (“Adkins”). Adkins testified that he had supervised eight drug deliveries from “Chico,” a supplier in Texas, to Timmons *209 and Everett in Virginia. Early in the conspiracy, the three would hide the cocaine in Everett’s house while Timmons and Everett arranged for its resale. Following an altercation between Everett and his girlfriend involving the use of firearms, Chico directed the three to begin storing the cocaine in Timmons’s house. Adkins also testified that he witnessed Timmons cutting the cocaine into smaller units for resale. Finally, Adkins and another supervisor known as “Primo” would allow Timmons and Everett to distribute the cocaine piecemeal on credit, paying for each portion before receiving the next to sell.

The Drug Enforcement Administration (the “DEA”) infiltrated Chico’s drug ring when a Confidential Informant (the “Cl”) was hired to transport cocaine from Chico to Adkins. In mid-October, 2004, a man calling himself “Mario” called the Cl and asked him to drive an automobile containing a shipment of cocaine from Dallas, Texas to Virginia. The Cl met Primo in a parking lot in Dallas, where he received cash, a telephone, and an automobile. The numbers of Mario, Primo, and Chico were stored in the telephone’s contacts list. Before driving the vehicle to Virginia, the Cl met with DEA officials, who searched the vehicle and found eleven kilograms of cocaine hidden inside. During the Cl’s drive to Virginia, Mario called and directed him to rent a hotel room at a particular Best Western location in Virginia. Around that time, Chico directed Adkins to meet the Cl at the Best Western to pick up the vehicle. Chico asked Adkins to deliver the cocaine to Timmons and Everett, to collect payment they owed on a past cocaine shipment, 2 and to send the car back with the money via the Cl.

Adkins was arrested by DEA agents at the Best Western after he completed the transaction with the CL After meeting with the agents, Adkins agreed to cooperate. At the agents’ behest, Adkins called both Everett and Timmons, arranging to meet the former at the Best Western and the latter at an Econo Lodge. During the call, Adkins and Timmons discussed Timmons’s drug debt to Chico, with Timmons promising, “We can count it up and everything,” J.A. 182. Timmons also inquired about the arrival of the new shipment of cocaine, “Um, everything good?”, J.A. 181. These calls were recorded by the agents. Adkins offered to the agents physical descriptions of Everett and Timmons and descriptions of the make, model, and color of the automobile each would be driving. Adkins explained that Everett and Timmons would be carrying large sums of cash and that Everett would be armed as usual, especially because he had recently been shot in, the leg.

Timmons arrived in the described vehicle at the Econo Lodge that evening, and was arrested by county drug task force members upon exiting the car. The officers found approximately $1,000 on Timmons’s person. Shortly thereafter, a county detective drove Timmons’s vehicle to the Best Western, a seve- to ten-minute drive. The county detective transferred control of the vehicle to a DEA agent, who then searched it. The DEA officer found about $20,000 in cash wrapped in rubber bands. He also found a digital scale in the center console with a white powdery substance on it.

A few hours later, Everett arrived at the Best Western in a vehicle with two other persons. Everett was in the back seat, and a .45-caliber pistol was in the seat pocket in front of him. Everett was ar *210 rested and his cell phone, $600 in cash, and an ounce of cocaine were confiscated from his person. The phone had stored Adkins’s and Timmons’s numbers in the recent-calls list. A search of the vehicle revealed the firearm and $14,000 in cash.

Timmons and his girlfriend Tamara Yvette Simmons (“Simmons”) testified at trial as to an alternative explanation for the physical evidence and the events surrounding his arrest. Timmons claimed that he was starting a courier business with Simmons, and that he was carrying such large amounts of cash upon arrest because he and Simmons were planning on buying two vehicles for the new business from a car lot across the street from the Econo Lodge. He also admitted to being in business with Adkins, but insisted the business was one to sell National Football League (“NFL”) “throwback” jerseys. 3 Timmons explained that, during his telephone conversations with Adkins that day, Timmons did not arrange for a meeting with Adkins but simply informed him as to his whereabouts for the evening. Timmons also explained that he was referring to throwback jerseys when he said, “We can count it up and everything.” Timmons testified that $15,000 of his cash came from an uncle in New York who had just received a severance check of about $19,000. Timmons claimed that he used the digital scale to aid in his personal consumption of cocaine. Finally, Timmons testified that he did not know that Everett would be carrying a gun on the night of his arrest.

To rebut Timmons’s account, the government introduced the testimony of Wendell Tyrone Ford (“Ford”), a member of a previous and uncharged drug-trafficking conspiracy with Timmons and Everett. Ford testified that he sold powder and crack cocaine to Timmons and Everett for resale over a period of several months in 2000 and 2001. Ford testified that Timmons was a “frequent and rehable customer,” J.A. 581, who would resell the drugs in Timmons’s apartment complex. Ford also testified that he noticed Everett in possession of a .45-caliber firearm during one drug transaction.

While the trial was proceeding, one juror wrote a letter to the district court judge asking her to forward to Timmons a letter dealing “strictly [with] personal matters outside of this case” along with a Bible. J.A. 780. The letter to Timmons contained quotations from the Bible and a summary of the central tenets of Christianity, including the sinfulness of all persons, J.A. 782 (“All of us are guilty before God”), the attendant unworthiness of man, id.

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Bluebook (online)
233 F. App'x 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-timmons-ca4-2007.