United States v. Vernon Daniels

345 F. App'x 514
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 23, 2009
Docket08-14801
StatusUnpublished
Cited by1 cases

This text of 345 F. App'x 514 (United States v. Vernon Daniels) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Vernon Daniels, 345 F. App'x 514 (11th Cir. 2009).

Opinion

PER CURIAM:

Vernon Daniels appeals his convictions and sentences for conspiracy to interfere with interstate commerce by robbery, in violation of 18 U.S.C. § 1951(a), (“Count 1”); conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 846, (“Count 2”); attempt to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2 (“Count 3”); conspiracy to carry a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924(o), (“Count 4”); and carrying a firearm during and in relation to a drug trafficking crime, (“Count 5”). Daniels argues that the evidence introduced at trial was insufficient to sustain his convictions. He also argues that the district court erred in refusing to reduce his sentences below the applicable statutory mínimums based on (1) sentencing factor manipulation and (2) the disparity between his sentence and the sentences of his codefendants. For the reasons set forth below, we affirm.

I. Background

Daniels and two codefendants, Geary Lynch and Leroy Baines, were charged with conspiracy to interfere with interstate commerce by robbery; conspiracy to possess with intent to distribute five kilograms or more of cocaine; attempt to possess with intent to distribute five kilograms or more of cocaine; conspiracy to carry a firearm during a drug trafficking crime; and carrying a firearm during and in relation to a drug trafficking crime. Daniels pled not guilty to all counts.

On the first day of trial, Michael Connors, a special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, (“ATF”), testified that, in November 2007, his agency received information from a confidential informant (“Cl”) that Lynch *516 was “looking to commit an armed home invasion.” On December 7, 2007, Connors met with Lynch, told him that he worked for a narcotics organization and, once a month, picked up 10 to 15 kilograms of cocaine, which he would then transport north. Connors told Lynch that the cocaine pick-up location changed frequently, but that the cocaine was always located in a vacant house. Connors also informed Lynch that he never knew when the cocaine would be available for pick-up until he received a phone call telling him to pick up the cocaine the next day. Connors told Lynch that he regularly saw 20 to 25 kilograms of cocaine in the stash houses and that the cocaine was always guarded by two men armed with handguns. Connors explained that he had not received money that he was promised, so he was “looking for an experienced crew” to rob the stash house of the cocaine. Connors testified that Lynch stated that “this is what he does for a living” and mentioned that a man named Leroy would help him with the robbery.

Connors again met with Lynch on December 19, 2007, so that he could meet Lynch’s “crew.” Lynch arrived at the meeting with Daniels and Baines. Connors explained the same set of facts that he had explained to Lynch and stated that he needed people who were experienced and “could take care of this.” During this conversation, Lynch, Daniels, and Baines were standing around Connors in “a pretty tight circle.” Connors testified that Daniels was “just standing there acknowledging what [Connors] was saying. [Daniels] would nod his head participating in the conversation more with his body language than saying anything.”

Connors explained to the men that he usually received a call around eight or nine o’clock at night telling him where to pick up the cocaine. He stated that two men carrying handguns were always in the stash houses. Connors testified that Daniels listened to the conversation and never walked away from the men. At one point, Lynch stated that “they were going to put a bullet in” the two armed men in the stash house. According to Connors, “when Lynch said that, [Daniels and Baines] were just standing next to me nodding, just, you know, participating in the conversation.” During the December 19th meeting, the men agreed that Connors would supply a rental car as the getaway vehicle and, after the robbery, Lynch, Baines, and Daniels would dump the car and leave five kilograms of cocaine inside for Connors.

On January 15, 2008, Connors told Baines, over the telephone, that the robbery would happen the following day. That same day, Connors met Baines, Lynch, and Daniels, although Daniels stood at a distance, holding Lynch’s child. Daniels was looking in Connors’s direction. During this meeting, Lynch assured Connors that the men were still going to execute the robbery the next day and that “it was going to be Baines, Lynch, Daniels and one other younger guy.” Connors had no contact with Daniels during this meeting. The men agreed that Connors would call Baines the following day and give the men a time and place to meet, at which point they would retrieve the rental car and commit the robbery.

On January 16, 2008, Connors called Baines and arranged to meet him at a gas station. Connors arrived at the gas station around 8:00pm, called Baines, and Baines, driving a dark-colored SUV, followed Connors to the ATF’s undercover business location. Lynch, Baines, Daniels, and two other individuals Connors had never met, exited the SUV. The men entered the undercover business location and began discussing the plans for the robbery.

*517 The government played video footage of the January 16th meeting. The videotape showed the following. Connors explained to the men that he would enter the house and pick up the cocaine. He stated that, once he was inside the house, he would call Lynch, and tell him, in code, how many men were in the house. Later, Daniels stated “I got a question. When you usually go, are there any other rooms in the house with closed doors?” Connors responded that there were not and that the houses were always vacant. Daniels replied “So, like, when you go in there you never see the other rooms or nothin’?” Connors stated that he had only been on the first floor of the houses and that he had never seen anyone other than the two men. Lynch then stated that he did not care who was in the house, he just wanted to get inside the house, take the cocaine, and get paid. Eventually, agents entered the room and arrested the men.

After the arrest, Connors read Daniels his Miranda 1 warnings and Daniels agreed to speak. The court admitted into evidence Daniels’s written statement, which read as follows:

Question: Do you understand why you are under arrest?
Answer: For conspiracy to rob the stash house of the cocaine....
Question: Did you know [Baines] had three guns on him?
Answer: Yes....
Question: Who is going to get a gun?
Answer: I don’t know.

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Related

Daniels v. United States
178 L. Ed. 2d 510 (Supreme Court, 2010)

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Bluebook (online)
345 F. App'x 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vernon-daniels-ca11-2009.