United States v. Evans

970 F.2d 663 (10th Cir. 1992)

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Legal Analysis

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Nature Of The Case

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Facts

On March 7, 1990, Donald B.W. Evans, Jr., Dominic Evans, Diana J. Brice, James E. Joubert, Perry Roberts III, Robert Norfleet, Jr., Brian K. Woods, James J. Backward, Christopher Wyman, and Eric D. Rentie were indicted for conspiracy to distribute and to possess with intent to distribute 50 grams or more of cocaine base ('crack') in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(A)(iii) & 846. The indictment alleged a conspiratorial agreement with the following parameters: (1) The conspiracy began in early 1987 and continued through March 7, 1990. (2) The conspiracy involved at least ten individuals. (3) The objective of the conspiracy was to distribute crack cocaine. (4) This objective was accomplished by transporting powder cocaine from California to the Northern District of Oklahoma, converting it into crack cocaine, and distributing the crack cocaine. Donald Evans, Dominic Evans, Joubert, Roberts, and Brice were prosecuted in the instant case. The remaining defendants pled guilty pursuant to a cooperation agreement with the government. Carl Walker, a key figure in the drug distribution network, was granted immunity from federal prosecution in return for his agreement to forfeit any drug proceeds and to cooperate with the government. A jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute crack cocaine. The district court then reluctantly sentenced the defendants to long-term imprisonment in accordance with the Sentencing Guidelines. Donald Evans was sentenced to a life term of imprisonment without parole; Dominic Evans was sentenced to a 295-month term of imprisonment; Joubert was sentenced to a 210-month term of imprisonment; Roberts was sentenced to a 292-month term of imprisonment; and Brice was sentenced to a 210-month term of imprisonment. Ds appealed. The preliminary facts are as follows: In 1987, Walker was buying kilogram quantities of powder and crack cocaine from an individual named Jesse Griffith. Walker was arrested in Oklahoma City in 1988 and sentenced to 15 years in the state system for his involvement with cocaine. Walker is one of the central figures in the crack distribution network. It was a wagon wheel conspiracy with Walker at the hub. P focused upon Walker's relationship with Ds when presenting its case. Several Ds had direct dealings with Walker. Donald Evans served as Walker's secondary source of crack cocaine, and Joubert and Brice were among his many customers. The remaining defendants had a tenuous relationship with Walker. Roberts and Dominic Evans can be connected to Walker only by their presence at several drug-related meetings between Walker and Donald Evans. Donald Evans was a central figure in the crack distribution network, acting as both importer and dealer. By means of a joint venture with James Backward, he imported powder cocaine from California and converted it into crack cocaine. He then sold this crack to numerous individuals, including Roberts, Walker, Norfleet, and possibly his brother Dominic. Dominic Evans sold and 'fronted' powder cocaine to Backward, accompanied Donald Evans to a drug-related meeting with Walker, and told acquaintances that he was waiting for Donald to send him crack cocaine. Roberts purchased crack cocaine from Donald Evans, fronted crack to Rentie, and accompanied Donald Evans to a drug-related meeting with Walker. Joubert purchased crack cocaine from Walker and Rentie, fronted crack to Rentie, and, together with Rentie, borrowed Brice's scales in order to weigh crack. Brice made a single purchase of crack cocaine from Walker through Walker's girlfriend Jackie Smallwood and lent scales to Joubert and Rentie so that they could weigh crack.

Issues

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Rule Of Law

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Holding & Decision

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