United States v. Wainwright

334 F. App'x 762
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 23, 2009
DocketNo. 08-2814
StatusPublished

This text of 334 F. App'x 762 (United States v. Wainwright) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Wainwright, 334 F. App'x 762 (7th Cir. 2009).

Opinion

ORDER

In early 2005, law enforcement agents in Racine, Wisconsin, began investigating a sharp increase in local heroin overdoses. As part of this effort, Courtney Wainwright was indicted for conspiring with, among unnamed others, his cousin, Allen Wainwright, to distribute heroin.1 After hearing the evidence, including testimony from others arrested during the same investigation, a jury found Courtney guilty. Courtney now appeals, arguing that the evidence at trial was insufficient to support the jury’s verdict because the witnesses were not credible and because their testimony only established that Courtney maintained routine buyer-seller relationships. Because the evidence is sufficient to show Courtney conspired to distribute heroin, we affirm his conviction.

Background

In June 2006, law enforcement agents were led to the Wainwright cousins through their supplier, Kazeem Afolabi. Afolabi testified at trial that he began selling heroin in 2003 and that Regina, a customer who lived in Racine, introduced him to Courtney in early 2004. Regina acted as a middleman during their- first deal, delivering the 25 grams of heroin she received from Afolabi to Courtney. Afola-bi stated that the following day, Regina told him that Courtney wanted to meet him personally to buy 100 grams of heroin. Although Afolabi was initially worried that the request was a set-up for a robbery— Courtney was at that point a stranger to him and had requested a large amount of heroin — he agreed to the delivery because he trusted Regina. Three days later, Afo-labi, Regina, and Courtney met at Regina’s home in Racine and traded 100 grams of [764]*764heroin for a shoebox containing $10,000 in cash. The success of the deal dispelled Afolabi’s worries about Courtney, and he gave Courtney his phone number so they could transact without going through Regina.

Afolabi testified that a week after this second exchange, Courtney contacted him directly and requested another 100 grams. Afolabi drove to Racine to deliver the heroin, where Courtney’s cousin, Allen, picked him up at a Big Lots store and drove him to the lakefront to meet Courtney and make the exchange. When Afolabi arrived, however, Courtney told him that the previous batch had been of poor quality and suggested that they make an exchange. Afolabi agreed to the exchange because he did not want his customers to think he was “trying to play them for their money” and because he could return the bad heroin to his supplier. According to Afolabi, Courtney later reported that the replacement batch of heroin was good, and, after that, Afolabi made weekly trips to Racine to deliver heroin to Courtney, with Allen always driving Courtney to their meeting place.

On one of Afolabi’s routine weekly trips to Racine, he was met by only Allen, which made him uncomfortable since he was accustomed to dealing with Courtney. Allen informed Afolabi that Courtney had moved to Ohio. Allen then called Courtney to assure Afolabi that it was safe to do business without Courtney present. Afolabi testified that, after Courtney moved to Ohio, he continued to deal with Allen directly and also sold Courtney heroin every other week. These transactions with Courtney sometimes occurred in Racine and other times on the highway between Chicago and Indiana. On one occasion, when Afolabi got lost on his way to Ohio to supply Courtney with heroin, he called Allen who arranged for Courtney to pick up Afolabi. Afolabi testified that Courtney was a good customer; he always paid for his heroin in full and never bought drugs on credit.

In May 2006, law enforcement agents surveilled a meeting between Afolabi and Allen at a shopping center just south of the Illinois-Wisconsin border. Afolabi testified that at this meeting he sold Allen 20 to 25 grams of heroin. Agents apprehended Allen as he drove back to Wisconsin, but did not find any heroin on him, so they took him into custody on an outstanding warrant. Afolabi explained at trial that he talked to Allen two days later and learned that Allen had hidden the heroin “in his bottom” so that the police would not find it. Shortly thereafter, agents recorded a phone call between Courtney’s half-brother, Jerome Booker, and Gregory Jackson, another Racine heroin distributor who bought drugs from Afolabi. During the conversation, Booker mentioned Allen’s arrest and reported that Courtney needed to contact Afolabi so that he could find out what happened to Allen. Booker also told Jackson that Courtney wanted to “do something tonight” but would work only with Allen.

At trial, Jackson testified that he first learned that Afolabi was also supplying Courtney and Allen with heroin in July 2003. He also testified that he was sometimes present in Afolabi’s car during transactions between Afolabi and Courtney, and that Allen worked as Courtney’s driver during these meetings. One of Courtney’s customers, Antonio Goodwin, testified as well. Goodwin explained that he bought $20 bags of heroin directly from Courtney on five occasions, and, after Courtney’s move to Ohio, he bought heroin frequently from Allen. He also stated that sometimes he would place an order with Courtney and Allen would deliver the drugs to him. Goodwin further testified that Allen asked him to obtain two phones in his [765]*765name for Allen and Courtney to use. In exchange for doing so, Goodwin received heroin from Allen.

Edward Lambert, a heroin distributor for Courtney, testified that after his release from prison in 2008, he ran into Courtney at a Racine barbershop. Courtney gave Lambert some money, and the next day Lambert called Courtney and asked to meet him. Courtney, with Allen driving, picked Lambert up and allowed him to accompany them on their heroin deliveries. Lambert explained at trial that he sold only cocaine before he was incarcerated, but decided to go into business with the Wainwright cousins after observing their success with heroin. Courtney sold Lambert a gram of heroin and showed him how to dilute the drug with lactose and package it in smaller quantities for resale. Courtney also loaned Lambert his phone for two days while he was out of town and gave Lambert permission to sell to his customers. Lambert continued selling to some of those customers even after Courtney returned. Lambert stated that he bought heroin from Courtney until he found a cheaper supplier.

Two other customers, Artis Echóles and Lori Cattelino, also testified about their interactions with the Wainwright cousins. Echóles testified that he bought $20 bags of heroin from both Courtney and Allen and that he saw the two together whenever Courtney was in Racine. He explained that he initially bought more frequently from Courtney, and after Courtney moved to Ohio, he began buying more frequently from Allen. Cattelino testified that she met Courtney and began purchasing heroin from him when he lived in Racine. According to Cattelino, she stopped buying from Courtney after he moved to Ohio in 2000. Finally, Courtney’s half-brother, Jerome Booker, testified that Courtney had lived in Ohio “all his life” and had never lived in Racine.

The jury found Courtney guilty on the single conspiracy count in the indictment. Courtney moved for a judgment of acquittal at the close of evidence and renewed that motion after the jury returned its verdict. The district court denied both motions and sentenced him to 168 months’ imprisonment.

Analysis

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Bluebook (online)
334 F. App'x 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wainwright-ca7-2009.