United States v. Wright

695 F. App'x 585
CourtCourt of Appeals for the First Circuit
DecidedJune 7, 2017
Docket16-1508U
StatusUnpublished

This text of 695 F. App'x 585 (United States v. Wright) 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. Wright, 695 F. App'x 585 (1st Cir. 2017).

Opinion

STAHL, Circuit Judge.

Appellant Corinthian Wright pled guilty to one count of conspiracy to distribute heroin and cocaine base, as well as two substantive counts charging him with possession with intent to distribute these controlled substances. These violations ultimately netted Wright a 96-month prison sentence, which he now challenges on appeal, alleging that the district court procedurally erred in applying two sentencing enhancements. We disagree and AFFIRM.

I. Facts & Background 1

In early 2014, federal, state and local law enforcement agencies began investigating individuals believed to be transporting cocaine and heroin from New York to the Lewiston-Auburn area in Maine for resale. The investigation included surveillance, controlled purchases, and court-authorized wiretaps. Several individuals were eventually identified as being involved in this illicit enterprise, including defendant-appellant Corinthian Wright (aka “Tanner”), Kendall Francis (aka “Dew”), Christian Dent, Rebecca Thompson, Randy Gosselin, and Willie Jackson.

It appears that Wright first arrived on the police’s radar in November 2014, when an intercepted phone call led authorities to conclude that Dent was selling cocaine base out of an apartment at 24 Laurel Avenue in Auburn, Maine, where he resided with his girlfriend, Thompson. Acting pursuant to a search warrant, agents searched this apartment and discovered and seized a firearm hidden in the kitchen ceiling, 8.3 grams of heroin, and 211.4 grams of cocaine base. The two individuals present in the apartment, one Jonathan Banyan and an unnamed juvenile, Were taken into custody. Serendipitously (at least for the police), though neither Thompson nor Dent were present at the time of the search, Thompson was detained that same day after police stopped her vehicle due to an expired registration sticker.

In an interview with police at Andros-coggin County Jail in Auburn, Thompson fingered Wright as the individual who had “invested” in her and her boyfriend, Dent, paying for a separate apartment at 53 Shawmut Street in Lewiston, Maine, and arranging for the transportation of powder cocaine from New York to Maine, which they then “cooked” into cocaine base and sold out of the apartment. In that same interview, she explained that Wright would occasionally stay at their Shawmut Street apartment when he was in Maine, and that he also had at his disposal several places in New York where drugs were sold. In addition, Thompson said that she had made several trips back and forth between New York and Maine during which she transported drugs, and on one occasion, drove Dent and Wright from New York to Maine, while each of them were carrying 100 grams of powder cocaine. In her subsequent grand jury testimony, Thompson identified Banyan as a New York drug dealer that she knew as “Joe Blood,” and when asked what he was doing in Maine, she testified that he was “kind of like a worker for Tanner [Wright],” and that “he was coming .up here for support for Tanner.” She further testified that Wright recruited two individuals, “Rico” and “Dew” (Francis), to assist in the distribution of drugs oút of various apartments operated by the conspiracy.

*587 While Wright disputes this version of events and denies that he ever “invested” in anyone, 2 the police began to focus their investigative efforts on Wright. These efforts ultimately led to properties at 172 and 174 Blake Street in Lewiston. Although separate properties, the third- and fourth-floor apartments at 172 Blake Street were connected by an exterior walkway to the corresponding third- and fourth-floor apartments at 174 Blake Street, and the properties apparently were managed by the same company. According to witness statements and an interview with the property manager, Wright rented the third-floor apartment at 174 Blake Street on November 10, 2014. Following this initial rent payment, the landlord did not see Wright again, but accepted a December rent payment for this same apartment from an individual that he later identified as Francis. 3

On December 17, 2014, agents apprehended a woman exiting this same third-floor, 174 Blake Street apartment in possession of heroin. The woman informed the authorities that she had obtained the heroin from an individual that she knew as “Rocky” or “Rico.” The next day, police received a tip from the property manager who had discovered firearms and what he believed to be narcotics in a vacant apartment on the fourth floor of 172 Blake Street. 4 Police arrived and discovered four firearms, ten ounces of cocaine base, personal effects, and an identification document belonging to Francis. 5 Subsequent forensic analysis revealed that Wright’s fingerprints were on two separate bags containing drugs that were discovered in this apartment. The police also received the property manager’s, permission to search the vacant fourth-floor apartment across the walkway at 174 Blake Street, suspecting that drug traffickers were using other vacant apartments in the building to store drugs. In that apartment, they discovered two backpacks: one containing personal effects and five ounces of heroin, and the other containing personal effects and $8,077.51 in cash.

On February 12, 2015, police received a tip from an informant that Wright was on his way from New York to Maine. Police also learned that Wright was staying at an apartment at 99 Horton Street in Lewi-ston. The police conducted surveillance of the house and observed several activities the police knew to be indicative of drug dealing. For instance, agents saw Randy Gosselin leave the apartment on several brief trips, sometimes entering the passenger seat of a vehicle and driving approximately 100 feet before getting out and then returning to the house. Additionally, authorities saw Willie Jackson leave the same residence, after which he made a drug sale to an individual that had previously provided credible information to law enforcement. That same cooperating witness then informed law enforcement that he had just purchased drugs from Jackson, and that “Tanner” (Wright’s nickname) *588 had returned to Maine and was selling drugs. Following information received from another informant that Wright and Francis were inside the residence at 99 Horton Street (from which the officers had just witnessed Jackson and Gosselin emerge to make several drug sales), officers executed a search warrant and arrested Wright, who was inside sleeping on an air mattress in the kitchen. Francis, who was seated at a chair next to a table on which there was a digital scale and a box of sandwich baggies, was found in possession of 135 grams of cocaine base and 40 grams of heroin (with a combined street value of $30,000), while Wright had $200 in his pocket.

Wright ultimately pled guilty to possession with intent to distribute heroin and cocaine base, as well as conspiracy to distribute both substances. At sentencing, the district court found, over Wright’s objection, that two enhancements applied.

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Bluebook (online)
695 F. App'x 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wright-ca1-2017.