United States v. Wooldridge

851 F.3d 91
CourtCourt of Appeals for the First Circuit
DecidedMarch 15, 2017
Docket15-1812P
StatusPublished
Cited by27 cases

This text of 851 F.3d 91 (United States v. Wooldridge) 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. Wooldridge, 851 F.3d 91 (1st Cir. 2017).

Opinion

SELYA, Circuit Judge.

In cases in which defendants are accused of trafficking in narcotics, drug quantity is often both an-element of the offense and a critical integer in the sentencing calculus. These appeals illustrate that duality and, at the same time, serve to explicate the shifting standards of proof *95 that pertain. Because the court below applied these standards appropriately, we affirm both of the challenged convictions and two of the three challenged sentences. With respect to the third sentence, though, the government concedes that the district court relied on too weak a foundation in classifying the defendant as a career offender and we are not persuaded by the government’s attempt to brand the error harmless. We therefore remand that sentence for further proceedings consistent with this opinion.

I. BACKGROUND

We start with an overview of the case, drawing relevant facts from the trial transcripts, line sheets of recorded telephone calls introduced into evidence, and (where appropriate) undisputed portions of the defendants’ presentence investigation reports.

This case has its roots in an investigation into drug dealing in and around Worcester, Massachusetts, commenced by-the Drug Enforcement Administration (DEA) and local police officers. The probe initially focused on defendants James Dun-ston and Sergio Hernandez. Its scope later expanded to include defendant Anthony Wooldridge.

The investigation was launched with a number of controlled buys: between January and June — all dates are in 2012 unless otherwise indicated — an undercover DEA agent bought nearly forty-four grams of crack cocaine from Dunston and Hernandez in sixteen separate transactions. Intelligence gained during these sorties furnished the basis for properly authorized wiretaps on both Hernandez’s telephone and the telephone of yet another cocon-spirator (Richard Cruz). Between June and September, the agents intercepted close to 30,000 calls and text messages. The wiretapped intercepts indicated that Dunston, Hernandez, and Wooldridge were regularly dealing crack cocaine in Worcester and its environs.

■ The wiretaps revealed, inter alia, that the defendants acquired powder cocaine on no fewer than seven occasions in the summer months and attempted at least one further acquisition. Shortly after receiving the powder, the defendants promptly converted it to crack. They frequently discussed crack conversion techniques, described the results of particular conversions, and boasted about them ability to convert powder to crack without losing any appreciable drug weight.

It is said that all good things come to an end and, in July, Wooldridge was arrested during a traffic stop after police officers conducted a pat-frisk and found ninety-three grams of crack cocaine on his person. Dunston and Hernandez were arrested in September. All three were charged with conspiring to possess with intent to distribute both crack cocaine and powder cocaine. See 21 U.S.C. §§ 841(a)(1), 846. Additionally, Wooldridge was charged with possession of crack cocaine with intent to distribute, see M § 841(a)(1), and Hernandez was charged with being a felon in possession of a firearm and ammunition, see 18 U.S.C. § 922(g)(1).

After some preliminary skirmishing, all three defendants waived indictment and pleaded guilty to superseding informations charging them with, as relevant here, conspiring to possess with intent to distribute crack cocaine. The informations specified that the charged conspiracy “involved 280 grams or more of a mixture and substance containing a detectable amount of cocaine base” — a quantity sufficient to trigger a ten-year mandatory minimum sentence. See 21 U.S.C. § 841(b)(l)(A)(in).

Each defendant pleaded guilty to the underlying conspiracy offense, reserving, *96 however, the right to contest at a bench trial whether the amount of crack cocaine reasonably foreseeable or attributable to him was 280 grams or more (thus exposing him to the mandatory minimum sentence). The district court thereafter held an eight-day bench trial, at which it heard, inter alia, recordings of intercepted calls as well as testimony from á DEA agent (Timothy Boyle), who interpreted the slang and jargon that permeated in the recordings. At the conclusion of all the evidence, the court found “beyond a reasonable doubt that over 280 grams of cocaine base [wa]s attributable and reasonably foreseeable to all defendants.”

The district court ordered the probation department to prepare individual presen-tence investigation reports. At the disposition hearings, the court adopted the reports without change and classified all three defendants as career offenders under the sentencing guidelines. It found Wooldridge responsible for at least 840 grams of crack cocaine and sentenced him to a 182-month term of immurement. With respect to Dunston and Hernandez, the court found each of them responsible for at least 2.8 kilograms (2,800 grams) of crack cocaine; sentenced Dunston to 144 months’ imprisonment; and sentenced Hernandez to 162 months’ imprisonment. These timely appeals followed.

II. ANALYSIS

The defendants’ appeals have been consolidated, and we turn first to the claims of error that implicate their convictions. From that point, we proceed to their claims of sentencing error.

A. Lay Opinion Testimony.

Dunston contends that the district court should not have allowed Agent Boyle to testify about the meaning of slang terms and jargon used in the course of the wiretapped conversations. He submits that although Boyle may have been qualified to give some lay opinion testimony, the government failed to erect an adequate foundation for his interpretations of particular slang terms. To illustrate his point, Dun-ston notes that Boyle was allowed to testify that the word “tweezy” referred to crack cocaine and that the phrase “step up a yard” referred to turning powder into crack. In Dunston’s view, Boyle’s familiarity with the defendants’ conversations did not qualify him to give an informed opinion about the meaning of these and other specific phrases used within those conversations. We do not agree.

All three defendants raised this issue below, but only Dunston pursues it on appeal. Objections to the admission of evidence are reviewed for abuse of discretion. See United States v. Valdivia, 680 F.3d 33, 50 (1st Cir. 2012). The parties agree that Agent Boyle’s testimony should be considered lay'opinion testimony. Hence, Federal Rule of Evidence 701 controls. See id. Rule 701 permits the admission of lay opinion testimony “rationally based on the witness’s perception” that would help the fact-finder “determinfe] a fact in issue.”

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Bluebook (online)
851 F.3d 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wooldridge-ca1-2017.