United States v. Willie Matthew Lincoln, United States of America v. Franklin Calvin Coleman

992 F.2d 356, 301 U.S. App. D.C. 194
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 19, 1993
Docket92-3071, 92-3072
StatusPublished
Cited by18 cases

This text of 992 F.2d 356 (United States v. Willie Matthew Lincoln, United States of America v. Franklin Calvin Coleman) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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 Matthew Lincoln, United States of America v. Franklin Calvin Coleman, 992 F.2d 356, 301 U.S. App. D.C. 194 (D.C. Cir. 1993).

Opinion

PER CURIAM:

Appellants Willie M. Lincoln and Franklin Calvin Coleman appeal their drug possession and distribution convictions. Each appellant challenges the trial court’s denial of his motions to sever and to suppress evidence. In addition, Lincoln appeals both the denial of his motion to suppress post-arrest statements and his sentencing classification as a career offender, while Coleman challenges the sufficiency of the evidence to support his conviction for possessing crack cocaine found in Lincoln’s pocket. As set out below, we reject all of the appellants’ arguments and affirm their convictions and sentences.

On September 17, 1991 several police officers, acting on informants’ tips, staked out an unoccupied red jeep parked on a Washington, D.C. street. When Coleman and Lincoln entered the jeep and began to drive away, the officers pursued in two patrol cars and stopped the jeep by pulling one ear in front of it and one behind. Officer John Marsh, who was in the second patrol car, testified that, before the stop, he saw Coleman make a motion as if passing something to Lincoln. * *358 After the stop, Officer Thomas Clark approached the jeep’s passenger door and ordered Lincoln, who was in the front passenger seat, to show his hands. When Lincoln hesitated, Clark pulled him from the jeep and, as he did so, noticed a ball of tin foil, with plastic inside, protruding from Lincoln’s front pants pocket. Clark then removed the foil ball and discovered crack cocaine inside. Upon further search, Clark discovered additional plastic bags of crack in the same pocket. Lincoln was then arrested and Coleman was removed from the driver’s seat of the jeep. After learning that Coleman’s name was “Frank,” Marsh searched him and discovered a total of $281 in his pockets and two marijuana cigarettes in his wallet. Subsequent searches of the jeep turned up $1,165 in cash and $57 worth of food stamps under the rear floor mat and a flashlight containing a bag of cocaine powder in the rear storage compartment. The officers arrested Coleman and both men were then taken to the stationhouse.

After being advised of and signing waivers of their Miranda rights, Coleman and Lincoln each made incriminating statements to the police. Lincoln explained he had found the crack in his pocket earlier in the day and admitted that he would “have to take the beef’ for it. Coleman denied any knowledge of the crack, admitted ownership of the marijuana cigarettes, claimed he had won all the money in the car and on his person playing craps and said that the bag of cocaine in the flashlight belonged to his girlfriend.

Both men were subsequently indicted on one count of possessing with intent to distribute more than five grams of crack and, in addition, Coleman was indicted on one count of simple possession of marijuana and one count of simple possession of cocaine. Following two hearings, the trial court denied motions by both defendants to suppress the drugs and to sever and by Lincoln to suppress his statement.

On December 17,1991 a jury convicted the two men as indicted and the trial court sentenced them on February 24, 1992. Lincoln was sentenced to 180 months’ imprisonment followed by 8 years’ supervised release and Coleman to 120 months’ imprisonment on count 1, with concurrent terms of 24 months on each of the other two counts, followed by 8 years’ supervised release.

Each appellant challenges the denial of his motions to suppress evidence and to sever, while Lincoln also challenges the denial of his motion to suppress his statement and his sentencing classification as a career offender and Coleman challenges the sufficiency of the evidence to support his conviction for possessing the crack found in Lincoln’s pocket. We address each challenge in turn.

First, both appellants assert that the drugs found on their persons and in the jeep should have been suppressed as fruit of an illegal stop and search, claiming the officers lacked not only probable cause to arrest them but even a reasonable suspicion to stop them. We disagree. The unrebutted testimony at the motions hearings, which the trial court credited, was that two different reliable informants reported to the police that they had observed individuals matching the appellants’ descriptions travelling in a red jeep with wood panelling and distributing drugs. In addition, one informant stated there were drugs and guns inside the jeep, identified the name of one of the two dealers as “Frank” and furnished a license plate number which the officers’ investigation showed belonged to a jeep registered to Franklin Coleman and matched the one on the jeep under surveillance. Under the totality of the circumstances here — namely, the reliable informants’ detailed and corroborated reports and the officers’ own observations — we conclude that the officers had an objectively reasonable belief that both Coleman and Lincoln were engaged in drug distribution and therefore probable cause to arrest them. See Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983); Gerstein v. Pugh, 420 U.S. 103, 111-12, 95 S.Ct. 854, 861-62, 43 L.Ed.2d 54 (1975). Further, once they had probable cause to arrest, the officers were entitled, incident to arrest, to *359 search the appellants’ persons, Chimel v. California, 395 U.S. 752, 763, 89 S.Ct. 2034, 2040, 23 L.Ed.2d 685 (1969), as well as the jeep’s passenger compartment and any containers within it, New York v. Belton, 453 U.S. 454, 460-61, 101 S.Ct. 2860, 2864, 69 L.Ed.2d 768 (1981). Accordingly, we affirm the district court’s denial of the motions to suppress the drugs.

Second, both appellants challenge the trial court’s refusal to sever, asserting their inconsistent defenses required separate trials. We find no reversible error in the trial court’s decision. The denial of a motion to sever can be reversed only for abuse of discretion. See United States v. Manner, 887 F.2d 317, 324 (D.C.Cir.1989), cert. denied, 493 U.S. 1062, 110 S.Ct. 879, 107 L.Ed.2d 962 (1990). Further, “when defendants properly have been joined under Rule 8(b) [of the Federal Rules of Criminal Procedure], a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence.” Zafiro v. United States, — U.S. —, —, 113 S.Ct. 933, 938, 122 L.Ed.2d 317 (1993). Because neither appellant has cited any such risk here, we conclude the court did not abuse its discretion in denying the severance motions.

Third, Lincoln appeals the trial court’s denial of the motion to suppress his post-arrest statement on the ground that his Miranda

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

Related

Matthew Zachary v. Alan Finnan
Seventh Circuit, 2011
Zachary v. Finnan
436 F. App'x 682 (Seventh Circuit, 2011)
United States v. Riley, Michael
351 F.3d 1265 (D.C. Circuit, 2003)
United States v. Brown
261 F. Supp. 2d 1 (District of Columbia, 2003)
United States v. Kayode, Olanike
254 F.3d 204 (D.C. Circuit, 2001)
State v. Elison
21 P.3d 483 (Idaho Supreme Court, 2001)
United States v. Perdue
Fourth Circuit, 2000
United States v. Adeosun
49 F. Supp. 2d 7 (District of Columbia, 1999)
United States v. Gilliam, Darron G.
167 F.3d 628 (D.C. Circuit, 1999)
Government of the Virgin Islands v. Samuel
39 V.I. 3 (Supreme Court of The Virgin Islands, 1997)
United States v. Corey A. Moore
97 F.3d 561 (D.C. Circuit, 1996)
United States v. Henry
940 F. Supp. 342 (District of Columbia, 1996)
Oliver v. United States
656 A.2d 1159 (District of Columbia Court of Appeals, 1995)
United States v. James Brown, A/K/A Steven Brown
16 F.3d 423 (D.C. Circuit, 1994)
No. 91-3247
17 F.3d 399 (D.C. Circuit, 1994)
United States v. Dawkins
17 F.3d 399 (D.C. Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
992 F.2d 356, 301 U.S. App. D.C. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-willie-matthew-lincoln-united-states-of-america-v-cadc-1993.