United States v. James Neal, Iii, A/K/A Sonny
United States v. James Neal, Iii, A/K/A Sonny, 44 Fed. R. Serv. 192 (1996)
Winning Party
UNITED STATES of America
Key Issue
Conspiracy to Distribute a Schedule II Controlled Substance
Case Type
CRIMINAL
Facts
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Police officers observed Neal with a white paper bag and found an eighth of an ounce of crack cocaine in a trash can near Neal's mother's house.
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In September 1993, Greg Burris was arrested on drug charges and agreed to cooperate with the police investigation of James Neal.
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On January 13, 1994, Burris again attempted to purchase drugs from Neal, but Neal refused.
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Police also found drug paraphernalia in the backyard of Neal's mother's house and a sheet of paper with Wilmore Thrower's name and phone number at Neal's house.
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On October 19, 1993, Burris purchased a half-ounce of crack cocaine from Neal for $700 in government funds.
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On October 18, 1993, Burris purchased an eighth of an ounce of crack cocaine from Neal for $240 in government funds.
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On January 12, 1994, Burris attempted to purchase an ounce of crack cocaine from Neal, but the transaction was not completed due to police presence in the area.
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Key Holdings
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There was sufficient evidence from which a rational juror could conclude that Neal attempted to distribute crack because he entered a definite agreement with Burris to sell him crack, volunteered that it would take "a little while" to obtain the crack, directed Burris to come back, tried to evade police, and possessed drug paraphernalia and an eighth of an ounce of crack packaged for sale.
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The district court did not err in admitting the hearsay testimony because the government provided independent evidence to corroborate the existence of a conspiracy between Thrower and Neal, and the statements were made during the course of and in furtherance of that conspiracy.
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The district court did not err in permitting government witnesses to make comments portraying Neal as a high-level drug dealer because Neal invited the error by not objecting to the statements at trial and eliciting most of them himself during cross-examination.
Citations
United States v. James Neal, Iii, A/K/A Sonny, 44 Fed. R. Serv. 192, 78 F.3d 901, 1996 WL 122645, 1996 U.S. App. LEXIS 4928 (1996)
Legal Reasoning
The court affirmed Neal's convictions, holding that the district court did not err in admitting evidence of prior bad acts because Neal invited the error. The court also held that the district court did not err in admitting hearsay testimony from Burris concerning statements made by Wilmore Thrower because the government provided independent evidence to corroborate the existence of a conspiracy between Thrower and Neal, and the statements were made during the course of and in furtherance of that conspiracy. Finally, the court held that there was sufficient evidence from which a rational juror could conclude that Neal attempted to distribute crack.
Outcome
The court affirmed Neal's convictions for distribution of cocaine, distribution of cocaine base (crack), and attempted distribution of crack.
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