United States v. Tyreek Styles

587 F. App'x 26
CourtCourt of Appeals for the Third Circuit
DecidedOctober 8, 2014
Docket14-1661
StatusUnpublished

This text of 587 F. App'x 26 (United States v. Tyreek Styles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Tyreek Styles, 587 F. App'x 26 (3d Cir. 2014).

Opinion

OPINION OF THE COURT

FISHER, Circuit Judge.

Appellant Tyreek Styles appeals his conviction and sentence for aiding and abetting the attempted possession with the intent to distribute cocaine. Styles challenges the district court’s denial of his motions for acquittal and a new trial, the district court’s decision not to read or play back certain testimony for the jury during deliberations, and the reasonableness of his sentence. We will affirm. 1

*28 I.

We write principally for the parties, who are familiar with the factual context and legal history of this case. Therefore, we will set forth only those facts that are necessary to our analysis.

In 2009, a multistate task force began investigating a suspected drug trafficking organization in Philadelphia headed by Bellvin Smith. The task force suspected that Smith and others traveled to Las Vegas and Los Angeles to purchase powder cocaine, crack cocaine, and marijuana and transported the drugs to the Philadelphia area for sale.

On July 25, 2012, a grand jury in the Eastern District of Pennsylvania indicted Styles and ten others for crimes related to the drug trafficking scheme. The grand jury charged Styles with one count of conspiracy to distribute five kilograms or more of cocaine, 280 grams or more of crack cocaine base, and marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and (b)(1)(D) and 846, and one count of attempted possession with the intent to distribute 500 grams or more of cocaine, in violation of . 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) and 846, and 18 U.S.C. § 2.

At trial, Bellvin Smith testified about his relationship with Styles. Smith testified that Styles knew Smith sold narcotics; that Styles exchanged small bills for large bills to help Smith transport cash more easily; that Styles had driven Smith to Los Angeles twice, knowing that Smith intended to buy narcotics there; and that Styles had brought between $15,000 and $20,000 to the Philadelphia airport on one occasion, intending to bring the money to Las Vegas and knowing that Smith would use it to buy drugs, although the trip was cancelled.

The jury found Styles not guilty of the conspiracy charge but found him guilty of the attempted possession charge. Styles filed a motion for acquittal and a motion for a new trial, both of which the district court denied. The district court sentenced Styles to 72 months of incarceration, three years of supervised release, and a $8,000 fine. Styles filed a timely notice of appeal.

II.

The district court had jurisdiction over this criminal action under 18 U.S.C. § 3281. We exercise jurisdiction to review the district court’s judgment of conviction under 28 U.S.C. § 1291 and to review the sentence imposed under 18 U.S.C. § 3742(a).

III.

A.

Styles contends that no reasonable jury could convict'him of attempted possession with intent to distribute 500 grams or more of cocaine, so the district court should have granted his motion for acquittal under Federal Rule of Criminal Procedure 29. Alternatively, he argues that the verdict went against the weight of the evidence, so the district court should have granted his motion for a new trial under Rule 33.

We review a district court’s decision on a Rule 29 motion for acquittal de novo “and independently apply the same standard the district court uses in deciding the motion.” United States v. Caraballo-Rodriguez, 726 F.3d 418, 424 (3d Cir.2013) (en banc). The Court reviews the evidence presented at trial in the light most favorable to the Government to determine whether any reasonable trier of fact could find each essential element of the crime *29 beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). We review a district court’s decision on a Rule 33 motion for a new trial for abuse of discretion. See United States v. Jasin, 280 F.3d 355, 360 (3d Cir.2002). A new trial is warranted if the jury’s verdict is contrary to the weight of the evidence and if “there is a serious danger that a miscarriage of justice has occurred — that is, that an innocent person has been convicted.” United States v. Johnson, 302 F.3d 139, 150 (3d Cir.2002) (internal quotation marks omitted).

The grand jury charged Styles with violating 21 U.S.C. §§ 841(a)(1) and 846 and 18 U.S.C. § 2. Section 2 provides, “Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.” 18 U.S.C. § 2(a). In other words, a person who aids and abets a violation of federal law is punished as though he committed the violation himself. To convict Styles of aiding and abetting the attempted possession with intent to distribute 500 grams or more of cocaine, the Government needed to prove beyond a reasonable doubt that (1) someone attempted to possess 500 grams or more of cocaine with the intent to distribute it; (2) Styles knew about the commission of the offense; and (3) Styles acted with the specific intent to facilitate the offense. See United States v. Petersen, 622 F.3d 196, 208 (3d Cir.2010).

Based on Bellvin Smith’s testimony, a reasonable trier of fact could find beyond a reasonable doubt that (1) Smith attempted to possess 500 grams or more of cocaine with the intent to distribute it; (2) Styles knew Smith was trying to possess 500 grams or more of cocaine with the intent to distribute it; and (3) Styles exchanged smaller bills for larger bills, carried cash on his person, drove Smith to Los Angeles, and performed other actions with the specific intent of helping Smith possess 500 grams or more of cocaine to distribute it in Philadelphia.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
United States v. Petersen
622 F.3d 196 (Third Circuit, 2010)
United States v. Thomas P. Jasin
280 F.3d 355 (Third Circuit, 2002)
United States v. Maury
695 F.3d 227 (Third Circuit, 2012)
United States v. Richard Caraballo-Rodriguez
726 F.3d 418 (Third Circuit, 2013)
United States v. Lopez-Reyes
589 F.3d 667 (Third Circuit, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
587 F. App'x 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tyreek-styles-ca3-2014.