United States v. Whitaker

CourtCourt of Appeals for the First Circuit
DecidedJanuary 5, 1994
Docket92-2299
StatusPublished

This text of United States v. Whitaker (United States v. Whitaker) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Whitaker, (1st Cir. 1994).

Opinion

USCA1 Opinion


United States Court of Appeals
United States Court of Appeals
For the First Circuit
For the First Circuit
____________________
No. 92-2299

UNITED STATES,
Appellee,

v.

DESMOND JADUSINGH,
Defendant, Appellant.
____________________
No. 92-2404

UNITED STATES,
Appellee,

v.

KAREN WHITAKER,
Defendant, Appellant.
____________________

APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

[Hon. Gilberto Gierbolini, U.S. District Judge]
___________________
____________________

Before

Breyer, Chief Judge,
___________
Selya and Stahl, Circuit Judges.
______________
____________________

Rachel Brill with whom Benicio Sanchez Rivera was on brief for
____________ _______________________
appellant Jadusingh.
Luz M. Rios Rosario for appellant Whitaker.
___________________
Desmond Jadusingh pro se.
_________________
Jeanette Mercado Rios, Assistant United States Attorney, with
_______________________
whom Charles E. Fitzwilliam, United States Attorney and Jose A.
________________________ _______
Quiles-Espinosa, Senior Litigation Counsel, were on brief for
_______________
appellee.
____________________
January 4, 1994
____________________

STAHL, Circuit Judge. After a three-day jury
______________

trial, defendants-appellants Desmond Jadusingh and Karen

Whitaker were convicted of conspiring to import approximately

two kilograms of cocaine into the customs territory of the

United States in violation of 21 U.S.C. 952 and 963.

Appellants also were convicted of conspiring to possess with

intent to distribute the same cocaine in violation of 21

U.S.C. 841(a)(1) and 846. On appeal, both raise a host of

challenges to their convictions. Finding no reversible

error, we affirm.

I.
I.
__

FACTUAL BACKGROUND
FACTUAL BACKGROUND
__________________

Because defendants challenge the sufficiency of the

evidence to support their convictions, we summarize the

evidence in the light most favorable to the government. See,
___

e.g., United States v. Mena-Robles, 4 F.3d 1026, 1029 (1st
____ _____________ ___________

Cir. 1993). Donna Marie Carr is the mother of Kimberly

Miller. In the summer of 1991, Carr was approached by

Miller's boyfriend, Desmond Jadusingh, and asked to

participate in an international drug smuggling venture.

Jadusingh wanted Carr to travel with two couriers he had

recruited, Miller and Karen Whitaker, so that Carr could

learn the operation and step in if either Miller or Whitaker

backed out. The trip was planned for January 1992.

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As the date of departure drew near, Carr approached

Pittsfield, Massachusetts, police officer Timothy Surrell

about the venture. He, in turn, alerted the Massachusetts

Drug Enforcement Agency ("MDEA") and arranged for two MDEA

agents to join him in a meeting with Carr. The group

gathered at a local restaurant, where Carr told Surrell and

the agents that she would be meeting with Jadusingh later in

the day to finalize the arrangements. Fearing that she would

not remember all of the anticipated conversation, Carr

volunteered to wear a concealed wire to the rendezvous at

Jadusingh and Miller's apartment. That evening, Carr

recorded a conversation in which Jadusingh, Whitaker and

Miller discussed their plans to travel to Puerto Rico to

purchase and import two kilograms of cocaine. Meanwhile, DEA

agents and local police, in a nearby parking lot, listened to

the live transmission of the conversation.

Two days later, on January 16, 1992, Carr drove

Jadusingh, Whitaker and Miller from Pittsfield to Jadusingh's

house on Long Island, New York, where Jadusingh gathered

money and clothing for the trip. The following morning,

Jadusingh's brother drove all four to Kennedy International

Airport, where they boarded a plane for Puerto Rico. Upon

arrival, the group, under surveillance by officers of the

federal Drug Enforcement Administration ("DEA"), traveled to

the Holiday Inn Crown Plaza in Carolina, Puerto Rico. All

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three of the women stayed in room 519 while Jadusingh, who

wanted to keep his distance from the women, stayed in room

309, which was registered to a Karen Bailey.1 Whitaker and

Carr were instructed by Jadusingh not to mention his name in

public and to contact him only by phone. They were provided

a telephone credit card number to charge calls as needed.

For the most part, Jadusingh rationed out instructions and

money through Miller on an as-needed basis. He also demanded

receipts for all expenses.

Shortly after arriving in Puerto Rico, the group

was informed by its drug contact, Etlyn, that there was an

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