United States v. Williams

14 F. App'x 469
Court of Appeals for the Sixth Circuit·Decided July 9, 2001·No. Nos. 00-5261, 00-5489·Published·Cited by 4 cases

Opinion

PER CURIAM.

On January 19, 1999, a grand jury handed up a two-count indictment charging Terry Williams, his uncle, Aldotfus “Duke” Williams, and Eleatha Adams with violating federal drug laws. Count I charged the defendants with conspiring to possess with intent to distribute, and actually distributing, in excess of 50 grams of cocaine base (crack), in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 846. Count II charged all three defendants, each aided by the other, with possessing with intent to distribute approximately 248 grams of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 18 U.S.C. § 2. Terry Williams, facing a mandatory life sentence after prosecutors filed information regarding his prior convictions pursuant to 21 U.S.C. § 851, went to trial. He was found guilty on Count I but acquitted on Count II. Aldotfus Williams pleaded guilty to Count I. Adams also pleaded guilty to Count I but has not appealed. Terry timely appealed his conviction. Al[471] dotfus timely appealed his sentence. For the reasons set forth below, we affirm the actions of the district court as to both defendants-appellants in all respects.

I

This case began when a Mississippi Bureau of Narcotics agent contacted the Shelby County (Tennessee) Narcotics Office and related that a confidential informant claimed to have a source of cocaine in the Memphis area. The informant, Charles E. Alexander, met with Sergeant Booker of the Shelby County Sheriffs Department and explained that he could buy nine ounces of crack from a woman named “Eleatha” who lived at 942 Doris Street in Memphis. Alexander had been dealing drugs himself since 1994 and generally bought 4.5 ounces of crack from Eleatha Adams, who knew him as “Big Daddy,” two to three times per week. Alexander had also met Adams’s supplier, whom he knew as “Terry” and later identified as defendant Terry Williams. He saw Terry deliver drugs to Adams on several occasions and once received crack directly from Terry.

Law enforcement agents formulated a plan to make a controlled crack buy in which Alexander and Sergeant Booker, posing as Alexander’s cousin, would purchase the drugs while detectives operated audio and video surveillance of the Doris Street location. During an initial tape-recorded contact. Adams reported not having nine ounces on hand but told Alexander to remain in touch. A short time later, Alexander informed the agents that Adams finally had some crack available, so Sergeant Booker contacted Adams on the morning of December 18, 1998, and told her that he and Alexander were on their way. They parked in front of the Doris Street residence, and Alexander went inside. Adams said it would be a few minutes before the drugs arrived, as Terry was at the mall. At this point, Alexander reported that Sergeant Booker did not want to come into the house to deliver the buy money because he feared being robbed. As the morning dragged on, Alexander said he would return in 30 minutes and left the house. When Terry called Adams to ask whether the money had been counted, she explained the situation and said she did not want to go to the undercover car to count it. Terry said he would call his uncle Aldotfus to count the money. Meanwhile, Alexander returned to the car and, with Sergeant Booker, met briefly with the surveillance team before going to lunch.

The surveillance team observed Aldotfus Williams pull up in a green Dodge Dynasty and enter the residence. When the informant and the sergeant returned to the scene, Alexander spoke with Adams again, discussing logistics. Aldotfus shortly reemerged from the house, went to the undercover vehicle, and got in the back seat. He introduced himself and counted the $6500 in buy money supplied by Booker. Booker asked what the drugs would look like, and Aldotfus produced a baggie containing what appeared to be small rocks of crack cocaine, saying “Like this.” Aldotfus advised his clients that his “brother” would bring the “dope” in about five or ten minutes and would be driving a red sports car.1 Aldotfus then went back inside the house, and Alexander followed him inside. Aldotfus called Terry and reported that the money was in order.

[472] More than ten minutes passed as Alexander stood in the living room waiting. He could see completely through the house and into the back yard. Finally, as Adams moved toward the back of the house. Alexander saw a red sports car approach the rear. Alexander then returned to the undercover car, where Booker was waiting. As Adams testified, Terry arrived in a red Camaro via a back driveway to the house. Adams met him at the car and walked with him into the house, where Terry delivered the crack to her.- Adams then went out the front door, followed by Aldotfus, and climbed into the back seat of the undercover vehicle. Adams produced a package containing crack from inside her football jersey. Aldotfus collected the $6500 from Booker and placed it in a Crown Royal bag, a purple velvet sack that covers bottles of Canadian whiskey. Booker weighed the drugs on digital scales and then asked about a discrepancy in their weight. As Adams and Aldotfus tried to explain the problem, a signal was given and agents moved in to effect their arrest. Officers recovered two large pieces of crack cocaine weighing 248.1 grams from the floorboard on the driver’s side of the undercover vehicle, the buy money in the Crown Royal bag from the floor where Aldotfus had been sitting, and 2.1 grams of crack from Aldotfus’s right shirt pocket.

Another officer covered the back of the Doris Street residence and saw Terry standing at the back entrance when the take-down signal was given. Terry spotted the officer and took off, clearing hedges in the yard and attempting to enter a nearby abandoned house. Terry was arrested while trying to hide on a screened-in porch of that residence. At the spot near the rear door of 942 Doris, from which Terry dashed, officers recovered keys to the Camaro. In the Camaro, they found 87.1 grams of powder cocaine.

Aldotfus pleaded guilty and cooperated with the government. He testified that he began working with Terry dealing drugs as early as 1993, typically delivering or counting money. He also reported that Terry had contacted him after their arrest and asked him to sign something indicating that the drugs all belonged to him and that Terry was not involved. Aldotfus signed an affidavit to that effect and submitted it to the court before Terry’s trial. On the stand at Terry’s trial, he recanted, explaining that he was on drugs and needed money at the time of Terry’s request.

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United States v. Williams, 14 F. App'x 469 (6th Cir. 2001).

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