United States v. Wayne Ladell Stroupe

538 F.2d 1063, 2 Fed. R. Serv. 9, 1976 U.S. App. LEXIS 11297
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 17, 1976
Docket75-1952
StatusPublished
Cited by57 cases

This text of 538 F.2d 1063 (United States v. Wayne Ladell Stroupe) 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. Wayne Ladell Stroupe, 538 F.2d 1063, 2 Fed. R. Serv. 9, 1976 U.S. App. LEXIS 11297 (4th Cir. 1976).

Opinions

BUTZNER, Circuit Judge:

Wayne Ladell Stroupe, appealing a judgment that convicted him of dealing in amphetamine, assigns as error the district court’s denial of his motion for a judgment of acquittal. We reverse because, aside from inadmissible hearsay statements of a co-defendant, the evidence is insufficient to sustain his conviction.

Stroupe was charged, along with Randy James Wright, with possessing amphetamine with the intent to distribute it on February 13,1975, in Gastonia, North Carolina (Count III); distributing the drug on the same date at the same place (Count IV); and conspiring with Wright, David Lloyd Warren, Mark Vernon Warren, and Edgar Hall Sifford from January 27,1975, to February 27, 1975, in Mecklenberg and Gaston Counties, North Carolina, to furnish amphetamine to Wright for subsequent distribution (Count VII). 21 U.S.C. §§ 812 (Schedule II) and 841(a)(1). All of the defendants except Stroupe pled guilty, and none of them testified in Stroupe’s trial.

The essential elements of the prosecution’s case were presented by two government agents who had concealed their identities from each of the defendants, including their principal contact, Wright. The agents testified that on February 13, 1975, they went to Wright’s home at about 11:30 a. m. and asked about buying some drugs. In their presence Wright dialed a phone number, which they could not identify, and told someone named Wayne that a couple of people wanted to buy an ounce of amphetamine. Wright then told the agents that he would need the money before he could get the drugs. The agents left, but when they returned at about 2:00 p. m., Wright told them the drugs would be available later on in the afternoon. When the agents came back in about an hour, Wright, after again speaking with “Wayne” on the phone, told them they would have to go to another place to pick up the drugs. He then accompanied the agents as they drove at his direction to a trailer park in Gastonia. They stopped near a trailer which, testimony later showed, Stroupe leased. Wright asked for the money to buy the drugs, and one of the agents gave him $460. He went inside the trailer while the agents remained in their car. Wright emerged a few minutes later, along with Stroupe and a girl. As soon as Wright re-entered the car, he gave the agents a plastic bag which, according to a subsequent laboratory analysis, contained amphetamine. He pointed to Stroupe and said, “That is my man I got the stuff from.” In the meantime, as Stroupe walked toward another house trailer, he waved to Wright and the agents. Just as they drove off, he waved again. The agents then took Wright home.

[1065]*1065Two weeks later on February 27, the agents, accompanied by Wright, went to Charlotte, North Carolina, where they bought amphetamine from David and Mark Warren. On the way home, one of the agents asked Wright whether the amphetamine purchased from the Warrens was as good as that which they had previously bought. Wright responded by asking “You mean the stuff we got from Wayne Stroupe?” This was the only occasion on which Wright disclosed Stroupe’s name.

At his trial, Stroupe testified that he was acquainted with Wright, who had visited his trailer on several occasions. He denied selling amphetamine to Wright and stated that he did not know Sifford or the Warrens. He also denied any knowledge of the transaction in Charlotte on February 27.

The agents’ testimony about Wright’s out-of-court statements of February 13 and 27 was offered in evidence to prove the truth of Wright’s assertion that he purchased amphetamine from Stroupe. The agents’ repetition of the statements was, therefore, inadmissible hearsay unless Wright spoke as a co-conspirator of Stroupe during the course and in the furtherance of the conspiracy. See Federal Rules of Evidence 801(c) and (d)(2)(E). Lutwak v. United States, 344 U.S. 604, 617, 73 S.Ct. 481, 97 L.Ed. 593 (1953). But a conspiracy between Wright and Stroupe cannot be established by Wright’s out-of-court statements made to the agents. There must be proof from another source of the existence of the conspiracy and of Stroupe’s connection with it before Wright’s statements to the agents can become admissible against Stroupe. “Otherwise hearsay would lift itself by its own bootstraps to the level of competent evidence.” Glasser v. United States, 315 U.S. 60, 74-75, 62 S.Ct. 457, 467, 86 L.Ed. 680 (1942). At this preliminary stage, the conspiracy need not be proved beyond a reasonable doubt. United States v. Jones, 542 F.2d 186 at 203, No. 73-2520 (4th Cir. 1976). The government can discharge its burden by introducing “substantial, independent evidence of the conspiracy, at least enough to take the question to the jury.” United States v. Nixon, 418 U.S. 683, 701 n. 14, 94 S.Ct. 3090, 3104, 41 L.Ed.2d 1039 (1974) (dictum). We have expressed the same principle in terms of “prima facie proof of the conspiracy,” United States v. Vaught, 485 F.2d 320, 323 (4th Cir. 1973), or proof by a “fair preponderance” of independent evidence. United States v. Jones, supra, 542 F.2d at 203. “Whether the standard has been satisfied is a question of admissibility of evidence to be decided by the trial judge.” United States v. Nixon, supra, 418 U.S. at 701 n. 14, 94 S.Ct. at 3104; Garbo v. United States, 314 F.2d 718, 735-38 (9th Cir. 1963).

The government argues that the events of February 13 established Stroupe’s participation in a conspiracy with Wright and that this was a sufficient predicate for admitting Wright’s February 13 and 27 statements implicating Stroupe. We find this position untenable.

To begin with, there is no proof that the agents knew whether Wright actually phoned Stroupe or merely simulated a call to “Wayne,” intending to use Stroupe as an unwitting dupe. The agents were unable to say whether Wright had the amphetamine cached in his own house when they arrived in the morning, whether he procured it from an unknown source during the several hours’ delay he requested, or whether he actually obtained it in Stroupe’s trailer. The drug may have been concealed in Wright’s pocket when he met the agents at his own home in the afternoon. They did not search him before he entered Stroupe’s trailer. Wright’s trip to the trailer and his brief visit inside with Stroupe could have been, for all the agents knew, a subterfuge to divert attention from Wright’s home or his undisclosed source of supply. His brief conversation with Stroupe could have been on an innocuous subject that would not even arouse Stroupe’s suspicion or cause him to remember the occasion when he was ■ charged with the crime some four months later. The agents did not hear Stroupe say anything about drugs to Wright, nor did they see him deliver anything to Wright. They did not know how many people were [1066]

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

Related

People v. Vega-Robles
California Court of Appeal, 2015
Federal Trade Commission v. Ross
743 F.3d 886 (Fourth Circuit, 2014)
United States v. Mallory
842 F. Supp. 2d 854 (E.D. Virginia, 2010)
United States v. Jaensch
678 F. Supp. 2d 421 (E.D. Virginia, 2010)
United States v. Borders
69 F. App'x 130 (Fourth Circuit, 2003)
United States v. Irving
66 F. App'x 480 (Fourth Circuit, 2003)
United States v. Michael Lones
Fourth Circuit, 2000
United States v. McGlory
968 F.2d 309 (Third Circuit, 1992)
United States v. Peter Livas
867 F.2d 609 (Fourth Circuit, 1989)
United States v. Winfield L. Roberts
822 F.2d 56 (Fourth Circuit, 1987)
United States v. Axel Urbanik
801 F.2d 692 (Fourth Circuit, 1986)
State v. Gray
717 P.2d 1313 (Utah Supreme Court, 1986)
United States v. Ellison M. Stockton
788 F.2d 210 (Fourth Circuit, 1986)
United States v. Gary Jackson, A/K/A "Roe"
757 F.2d 1486 (Fourth Circuit, 1985)
State v. Mata
693 P.2d 1065 (Idaho Court of Appeals, 1984)
United States v. Spoone
741 F.2d 680 (Fourth Circuit, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
538 F.2d 1063, 2 Fed. R. Serv. 9, 1976 U.S. App. LEXIS 11297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wayne-ladell-stroupe-ca4-1976.