United States v. Yolanda Goodlow

389 F. App'x 961
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 29, 2010
Docket08-16250
StatusUnpublished
Cited by8 cases

This text of 389 F. App'x 961 (United States v. Yolanda Goodlow) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Yolanda Goodlow, 389 F. App'x 961 (11th Cir. 2010).

Opinion

PER CURIAM:

Robert Michael Evans and Yolanda Goodlow appeal their convictions stemming from a multi-count indictment in which they were co-defendants. Evans appeals his convictions and sentence of life imprisonment for (1) conspiracy to distribute and possession with intent to distribute 100 kilograms or less of marijuana, and between 500 grams and 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841 and 846; (2) distribution of a quantity of marijuana, in violation of 21 U.S.C. § 841; (3) use of a communication facility to facilitate the commission of a felony drug-trafficking crime, in violation of 21 U.S.C. § 843; and (4) being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Goodlow appeals following her convictions for conspiracy to distribute and possess with intent to distribute 100 kilograms or less of marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1), and 846, and use of a communication facility to facilitate the commission of a felony drug-trafficking crime, in violation of 21 U.S.C. § 843(b).

On appeal, Evans argues that the district court: (1) plainly erred by trying him and Yolanda Goodlow together; (2) plainly erred by admitting a drug lab report into evidence without requiring the direct testimony of the lab technician, in violation of Evans’s constitutional rights under the Confrontation Clause; (3) erred in finding there was sufficient evidence to support his conviction for conspiracy; (4) plainly erred by finding that Evans was a career offender; (5) clearly erred by enhancing Evans’s offense level under U.S.S.G. § 2Dl.l(b)(l) for possession of a firearm; and (6) imposed an unreasonable sentence of life imprisonment. Goodlow claims that the district court erred by denying her motion to suppress evidence seized from her . mobile home because the search warrant lacked probable cause and did not identify her mobile home with specificity.

I. BACKGROUND

The indictments against Evans and Goodlow arose from the investigation of a large-scale drug distribution enterprise involving Reco Willingham. The government indicted thirty-three individuals, including Evans, Goodlow, and Willingham, on a plethora of charges relating to a drug conspiracy they entered into from 2004 to 2008. Willingham pleaded guilty and testified against Evans and Goodlow.

Willingham testified that he purchased marijuana and cocaine in bulk from Galdi-no Zamora. He then sold 10-15 pounds of marijuana to Evans 2-3 times a month. Willingham' also supplied Evans with cocaine, starting out with one kilogram and then increasing to multiple kilograms. Evans had other suppliers of cocaine and marijuana. In fact, Evans often supplied Willingham with high quality marijuana and offered to supply Willingham with cocaine.

Goodlow is Willingham’s older sister who lived in a trailer home located on a piece of Willingham’s property. Willing-ham kept large amounts of money in a safe in Goodlow’s bedroom closet. Goodlow witnessed Willingham put money in and take money out of the safe. Willingham also kept several kilograms of cocaine in Goodlow’s trailer with Goodlow’s full knowledge. Goodlow witnessed Willing-ham’s cousin come into her home to pick up a couple kilograms of cocaine for Will-ingham. Furthermore, Goodlow arranged a deal for the sale of six pounds of mari *965 juana from Willingham to one of her coworkers.

When the government executed search warrants for Evans’s property they recovered several firearms. At his restaurant, a pistol was found laying on top of a safe containing $27,000 in cash. At Evans’s home, two rifles, a shotgun, and pistol were recovered. A search warrant for Willingham’s property recovered 18 kilograms of cocaine in Goodlow’s trailer, $101,300 in cash from the safe in Goodlow’s bedroom, and two handguns on Goodlow’s dresser. Additionally, 85 pounds of marijuana were recovered from another structure on the same property.

A jury found Evans guilty of conspiracy, possession with intent to distribute marijuana, use of a telephone to facilitate a drug trafficking offense, and being a felon in possession of a firearm. At sentencing Evans received enhancements for possessing dangerous weapons and being a career offender. Evans did not object to being classified as a career offender. The court then sentenced Evans to life imprisonment on the basis of his history, characteristics, the need to protect the public, the desire to provide just punishment and future deterrence of others, and to avoid unnecessary sentencing disparities among other defendants.

The same jury found Goodlow guilty of conspiracy involving marijuana less than 100 kilograms and using a telephone to facilitate a drug trafficking crime. Good-low received a sentence of 41 months imprisonment.

II. DISCUSSION

A. Evans

1. Severance

First, Evans argues that he should have been tried separately from Goodlow and that his trial counsel was ineffective for failing to move for severance. Goodlow’s counsel previously represented the individual charged with murdering Evans’s wife and Evans contends that this representation created a conflict of interest because counsel “was privy to discovery relating” to Evans’s illegal activities in the previous murder case.

Where the defendant has failed to raise an issue below, we review for plain error. United States v. Rodriguez, 398 F.3d 1291, 1298 (11th Cir.2005). 1

“[T]he general rule is that Defendants indicted together should be tried together, especially in conspiracy cases.” United States v. Chavez, 584 F.3d 1354, 1360 (11th Cir.2009). “To succeed on appeal the Defendant must carry the heavy burden of demonstrating the lack of a fair trial due to actual, compelling prejudice.” Id. There are four typical cases where severance may be required: “(1) [wjhere the Defendants rely upon mutually antagonistic defenses; (2) [w]here one Defendant would exculpate the moving defendant in a separate trial, but will not testify in a joint setting; (3) [wjhere inculpatory evidence will be admitted against one Defendant that is not admissible against the other; and (4) [w]here a cumulative and prejudicial “spill over” effect may prevent the jury from sifting through the evidence to *966 make an individualized determination as to each Defendant.” Id. at 1360-61 (citations omitted).

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389 F. App'x 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-yolanda-goodlow-ca11-2010.