United States v. Willie Edwards

115 F.3d 1322, 1997 U.S. App. LEXIS 14528, 1997 WL 324431
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 16, 1997
Docket96-2467
StatusPublished
Cited by47 cases

This text of 115 F.3d 1322 (United States v. Willie Edwards) 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. Willie Edwards, 115 F.3d 1322, 1997 U.S. App. LEXIS 14528, 1997 WL 324431 (7th Cir. 1997).

Opinion

COFFEY, Circuit Judge.

Willie Edwards (‘Willie”), 1 Appellant, was convicted before a jury of one count of conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. § 846 and one count of use of a communication facility to facilitate the commission of a drug trafficking felony in violation of 21 Ú.S.C. § 843(b)(2). The district court sentenced Willie to 324 months of imprisonment on the conspiracy count and 96 months on the use of a communication facility count, to be served concurrently. On appeal, Willie raises several issues. He argues that the trial court incorrectly determined that he was accountable for 47 kilos of heroin, the quantity of narcotics attributable to the entire conspiracy, holding that this amount was foreseeable to him, pursuant to U.S.S.G. § 1B1.3. Willie further contends that this conclusion was improper for the sentencing judge initially failed to make a finding as to the scope of criminal activity jointly undertaken by him. Secondly, the Appellant argues that the court erred in its factual determination that he was involved in every part of the drug trafficking organization. Lastly, he maintains that the trial judge erred in ruling that his participation in the conspiracy began prior to February 1989, while he was still on probation for a state criminal conviction. We affirm.

I. FACTUAL BACKGROUND

Willie was involved in his uncle’s, Lee Edwards’s (“Lee”), drug trafficking organization in Gary, Indiana, from at least February *1325 1988, until at least the end of September 1990. The drug conspiracy dealt primarily in the sale of heroin and cocaine. Drugs were sold from several locations owned by Lee, which included an apartment building, a liquor store known as the Black Horseman, as well as the two residences where Lee and his wife, Lorri Edwards (“Lorri”), resided. The drugs were also sold at locations arranged over the phone. A buyer would call one of the residences and place an order, or be directed to one of the homes of Lee’s independent contractors.

At trial, Lorri testified that Willie began selling drugs for his uncle, Lee, within less than a year of his release from prison on February 24,1987. Willie had been incarcerated as a result of an Indiana state conviction for selling .341 grams of heroin to an undercover police officer. According to Lorri’s testimony, on occasion, Willie would help package small quantities of the drugs to be sold. By October 1990, Willie was living with Lee most of the time and they would move back and forth between Lee’s two residences in order that they might shift the drug operation’s headquarters to avoid easy detection. While at the residences, Willie’s duties included answering the phone, taking drug orders, and delivering drugs to customers. Additionally, Vincent Balboa, a special agent with the Drug Enforcement Administration (“DEA”), testified that Willie was one of several individuals who periodically traveled to Chicago to pick up heroin from one of Lee’s suppliers.

On October 11, 1990, a several month investigation conducted by the Federal Bureau of Investigation (“FBI”) culminated with the execution of a search warrant at one of Lee’s Gary, Indiana residences. At the time of the search a narcotics record book was seized which included a reference to Willie receiving 172 $10 bags of white heroin, brown heroin, and cocaine on March 7, 1990. Lee, testifying at his own trial, stated that Willie also referred some of the drug buyers to the independent contractors who would in turn sell drugs for him.

In United States v. Edwards, No. 92 CR 113 (N.D.Ind. Sept. 22, 1994) (the trial involving Lee Edwards) the trial court found that Lee was the kingpin of the conspiracy and that the over all conspiracy involved the sale and transfer of some 47 kilos of heroin, we affirmed that decision in United States v. Edwards, 77 F.3d 968 (7th Cir.), vacated and remanded for resentencing on other grounds, — U.S. -, 116 S.Ct. 2543, 135 L.Ed.2d 1064 (1996). The quantity established at Lee’s trial covered the period from approximately February 1988, until the end of September 1990, which also happened to be the period of time that the trial court concluded that Willie was actively involved in the conspiracy. Willie, Lee’s nephew, does not challenge the court’s 47 kilo calculation of the amount of drugs that the conspiracy dealt during this period, but rather argues that it was improper for the court to hold him accountable for that amount.

II. DISCUSSION

A. Relevant Conduct and U.S.S.G. § 1B1.S

Willie argues that the district court erred in finding that under relevant conduct he should be held accountable for 47 kilos of heroin, the entire quantity of drugs attributable to the conspiracy. A district court’s determination of the quantity of drugs included as relevant conduct is a finding of fact that we review for clear error. United States v. House, 110 F.3d 1281, 1283 (7th Cir.1997); United States v. Windom, 82 F.3d 742, 746 (7th Cir.1996). “This court should not find that a finding of fact is clearly erroneous unless upon review it is left ‘with a definite and firm conviction that a mistake has been committed.’ ” United States v. Herrera, 54 F.3d 348, 356 (7th Cir.) (quoting United States v. Herrera, 878 F.2d 997, 1000 (7th Cir.1989)), cert. denied sub nom. Crespo v. United States, — U.S. -, 116 S.Ct. 192, 133 L.Ed.2d 128 (1995); House, 110 F.3d at 1283-84. “ ‘[I]f two permissible views exist, the fact-finder’s choice between them cannot be clearly erroneous.’ ” United States v. Taylor, 72 F.3d 533, 546 (7th Cir.1995) (quoting United States v. McDonald, 22 F.3d 139, 144 (7th Cir.1994)). However, interpretations of a Sentencing Guideline are questions of law, which receive a de novo review. United States v. McDuffy, 90 F.3d *1326 233, 235 (7th Cir.1996); United States v. Marquez, 48 F.3d 243, 246 (7th Cir.1995).

Willie, a two-time drug loser, first state now federal, states that the trial judge determined that he was involved in every aspect of the organization during his two and a half year involvement and that the 47 kilos amount of drugs attributable to the conspiracy was also foreseeable to him.

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Bluebook (online)
115 F.3d 1322, 1997 U.S. App. LEXIS 14528, 1997 WL 324431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-willie-edwards-ca7-1997.