United States v. Wales

68 F. App'x 575
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 18, 2003
DocketNo. 01-5320
StatusPublished
Cited by5 cases

This text of 68 F. App'x 575 (United States v. Wales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Wales, 68 F. App'x 575 (6th Cir. 2003).

Opinion

OPINION

MILLS, District Judge.

After a three day trial, a federal jury found Franklin Wales guilty of the two crimes with which he had been charged in a Superseding Indictment: conspiracy to possess with the intent to distribute cocaine and possession with intent to distribute cocaine. Based upon these convictions, the district court sentenced Wales to 360 months of imprisonment on each count of conviction to be served concurrently.

In this direct appeal, Wales contends that the district court committed certain errors which entitle him to an acquittal, to a new trial, and/or to a new sentencing hearing.

After considering Wales’ arguments and reviewing the district court record, we AFFIRM Wales’ convictions and sentence for the reasons set forth below.

I. BACKGROUND

On March 22, 2000, while performing a routine check of the air mail facility at the Louisville, Kentucky, airport, police officers for the city of Louisville became aware of an unusual package. The package had been sent by Federal Express from Apple Valley, California, to 3708 Rosa Terrace, Louisville, Kentucky. Although the package was addressed to a “Jeff Farrell,” this address was actually the residence of Kenneth and Deborah Coatley.1

Based upon a drug dog’s alert, Louisville Detective Mike Brackett obtained a search warrant to open the package. In addition to finding clothing, shoes, and compact discs, Detective Brackett found a kilogram of cocaine in the package. Following standard procedures, Detective Brackett removed most of the cocaine, replaced it with a “dummy” kilogram package, placed an electronic tracking transmitter2 in the package, and planned a controlled delivery of the package to the Coatley’s residence. Detective Brackett also procured an anticipatory search warrant for the Coatley’s residence, and then, he and other law enforcement officers began to conduct undercover surveillance (including videotaped surveillance) of the Coatley’s home.

At approximately 11:06 a.m., that same day, an undercover police officer posing as a Federal Express deliveryman attempted to deliver the package to the Coatley’s house. Although he knocked and rang the doorbell, no one answered. Accordingly, the undercover police officer left and took the package with him.3

After the undercover officer left, Deborah Coatley telephoned Franklin Wales on his cellular telephone and informed him that, although the Federal Express delivery man had come to the front door, he did not deliver the package. Approximately ten minutes later, Wales, Raphael Singleton, and Robert Talley arrived at the Coatley’s home. Wales then exited the vehicle [578]*578and entered the Coatley’s home alone. A few minutes later, Wales returned from the house, got back into the car, and the three men drove away.

Sometime thereafter, the undercover officer returned to the Coatley’s home in order to, again, attempt delivery of the package. Although no one answered the door, the undercover officer left the package on the front porch. Deborah Coatley then called Wales on his cellular telephone and informed him that the package had been left on the front porch.

Approximately five to ten minutes later, Wales, Singleton, and Tally returned to the Coatley’s home. Singleton retrieved the package from the front porch, and three men went inside the house. Immediately upon the three men’s entrance, Deborah Coatley, her son, daughter, and granddaughter left the house.

Approximately two minutes after the three men had entered the residence, the electronic tracking transmitter which the police officers had placed in the package alerted the police officers (who were conducting the undercover surveillance on the Coatley’s residence) that the package had been opened. Accordingly, the police officers went to the front door, knocked, announced “police, search warrant”, and then began attempts to forcibly enter the house by using a battering ram on the front door. Although the officers were unsuccessful in their attempts to forcibly open the door (they only made a hole it), the police were able to see Singleton and Tally in the living room sitting on the couch. Thus, the police instructed Talley to open the door, and he complied.

Meanwhile, Detective Mike Brackett had gone to the rear of the house and saw Wales “starting out the back window.” Detective Brackett told Wales to stand still, and then, another officer entered the bedroom and secured Wales. Thereafter, the officers secured the three men in the living room, read them their Miranda rights, and began searching the house for the dummy package of cocaine.

After a short search, the officers found the dummy package of cocaine underneath a dresser located in the bedroom from which Wales had attempted to flee through the window. In fact, Wales directed the officers to the dresser after being taken to the bedroom. Specifically, the officer asked Wales “where the dope was”, and Wales “pointed to nodded to under the dresser.” The officer found the package “in the rear corner underneath the dresser.”

On April 4, 2000, a federal grand jury returned a two Count Indictment against Wales and Singleton charging them with conspiracy to possess with the intent to distribute cocaine and with possession with intent to distribute cocaine in violation of 21 U.S.C. § 841, 21 U.S.C. § 846, and 18 U.S.C. § 2. On August 31, 2000, Singleton entered an open plea of guilty to both counts of the Indictment. On September 6, 2000, a federal grand jury returned a Superseding Indictment against Wales. The only changes made to the Superseding Indictment from the original Indictment were the deletion of Singleton as a defendant because he had pleaded guilty and the addition of the amount of cocaine involved in the offenses, i e., 500 grams or more of cocaine.

On November 6, 2000, immediately prior to the start of the trial, the Government filed a notice, pursuant to 21 U.S.C. § 851, of its intent that Wales’ two prior felony drug convictions be taken into consideration in determining his sentence. On November 9, 2000, after three days of trial, a jury found Wales guilty of both Counts charged in the Superseding Indictment. On February 26, 2001, the district court found Wales to be a career offender and sentenced him to 360 months of imprison[579]*579ment on both Counts of conviction to be served concurrently. On March 2, 2001, Wales filed a timely notice of appeal.

II. DISCUSSION

On appeal, Wales raises five issues which he asserts entitles him to an acquittal, to a new trial, and/or to a new sentencing hearing.

A. JURY SELECTION

First, Wales argues that the jury selection process used in the United States District Court for the Western District of Kentucky violated his Sixth Amendment right to be tried by a jury which is comprised of a fair cross-section of the community.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wales v. Williams
N.D. Ohio, 2020
United States v. Lee Turner
Sixth Circuit, 2018
Wales v. United States
540 U.S. 994 (Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
68 F. App'x 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wales-ca6-2003.