United States v. Walker

657 F.3d 160 (3rd Cir. 2011)

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Nature of the Case

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Facts

Barron Walker and Barry Walker (Ds) were indicted on various crimes for their involvement in the attempted robbery of a crack cocaine dealer at gunpoint. Five days before trial, P disclosed to defense counsel its intention to prove the interstate commerce prong of the Hobbs Act robbery charge through the testimony of Chief John Goshert of the Dauphin County Criminal Investigation Division. Ds objected in part to Chief Goshert's testimony regarding the interstate transportation of cocaine on the ground that it is possible to manufacture cocaine synthetically. The District Court permitted Chief Goshert to testify as an expert that in his experience cocaine is manufactured outside of Pennsylvania. P presented testimony from several witnesses, including (1) Jason McNeil, who pled guilty to participating in the Hobbs Act robbery with Ds; (2) Carmillia King, Barry Walker's girlfriend; and (3) Skylar Rhoades, a confidential informant. To prove the Hobbs Act attempted robbery charge P presented evidence that Ds, along with three friends-Jason McNeil, John McNeil, and James Leeks-agreed to find street-level drug traffickers to rob of their drugs and money. Ds supplied a firearm to Jason McNeil to be used during the robbery. The robbers assembled in an alleyway and watched Edward Wright, a crack cocaine dealer, make a sale to a customer. John McNeil approached Wright with his gun drawn and attempted to rob him, but Wright took out his own firearm and fired. John and his companions then opened fire on Wright. John and Wright were both hit multiple times by gunshots; Wright survived, but John died at the scene. To satisfy the Hobbs Act's requirement that Ds' conduct 'obstruct[ed], delay[ed] or affect[ed] commerce,' P presented testimony from the intended robbery victim, Edward Wright. He testified that he obtained his crack cocaine from someone with the street name 'Ice' whom he met outside a bar a day or two before and that he made about $40 or $50 by selling the cocaine he obtained from Ice. Wright also didn't know anything about Ice, including whether Ice lived in Harrisburg, and never saw him before or after the purchase. Goshert testified that, during his thirty years in the drug investigation field, he was involved with approximately 100 cocaine investigations a month, spoke with drug traffickers on a daily basis, and regularly participated in investigations involving the importation of cocaine into the Harrisburg area. Goshert rendered the expert opinion that cocaine is manufactured outside of Pennsylvania and transported into the state. Goshert identified New York City as the primary source and that in his thirty years of experience, he had never heard of synthetic cocaine being manufactured inside Pennsylvania. Goshert admitted during his testimony that he is unable to distinguish synthetic cocaine from cocaine made from cocoa plants. Ds were found guilty and appealed. Ds argue in part that there was insufficient evidence of an effect upon interstate commerce to support their convictions under the Hobbs Act (Count VI).