US v. Johnnie Butler
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Wright's motion for leave to file a pro se brief [998534173-2]; denying Butler's motion for summary reversal [998389731-2]. Originating case number: 1:08-cr-00381-BEL-1. Copies to all parties and the district court/agency. [998592030].. [10-4499, 10-4566]
Appeal: 10-4499
Document: 63
Date Filed: 05/18/2011
Page: 1 of 5
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4499
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JOHNNIE BUTLER,
Defendant – Appellant.
No. 10-4566
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CALVIN WRIGHT, a/k/a Turkey,
Defendant – Appellant.
Appeals from the United States District Court for the District
of Maryland, at Baltimore. Benson Everett Legg, District Judge.
(1:08-cr-00381-BEL-1; 1:08-cr-00381-BEL-2)
Submitted:
May 2, 2011
Decided:
Before MOTZ, SHEDD, and AGEE, Circuit Judges.
May 18, 2011
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Affirmed by unpublished per curiam opinion.
Thomas J. Saunders, Baltimore, Maryland; James Wyda, Federal
Defender,
Meghan
S.
Skelton,
Staff
Attorney,
Greenbelt,
Maryland, for Appellants.
Rod J. Rosenstein, United States
Attorney, Christine Celeste, Special Assistant United States
Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Johnnie
Butler
and
Calvin
convictions following a jury trial.
Wright
appeal
their
Both men were convicted of
conspiracy to distribute and possess with intent to distribute
controlled substances, in violation of 21 U.S.C. § 846 (2006)
(Count
One);
possession
drug-trafficking
crime,
§ 924(c)(1)(A)(i)
(2006)
of
a
firearm
in
in
violation
furtherance
(Count
Three);
and
of
18
of
a
U.S.C.
possession
of
a
firearm after a felony conviction, in violation of 18 U.S.C.
§ 922(g)
(2006)
(Count
Four).
Additionally,
Wright
was
convicted of possession of heroin, with intent to distribute, in
violation
Five).
of
The
21
U.S.C.
court
§ 841(a)(1),
sentenced
Butler
Wright to 420 months’ imprisonment.
(b)(1)(C)
to
life
(2006)
(Count
imprisonment
and
We affirm.
Wright argues that the evidence was not sufficient to
support the jury’s finding that he possessed the heroin found in
his apartment.
This court reviews a sufficiency-of-the-evidence
challenge by determining whether, viewing the evidence in the
light most favorable to the Government, any rational trier of
fact could find the essential elements of the crime beyond a
reasonable doubt.
United States v. Collins, 412 F.3d 515, 519
(4th Cir. 2005).
Our review of the evidence convinces us that
the evidence adduced at trial was sufficient to establish that
Wright possessed the heroin and intended to distribute it.
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Wright and Butler argue that the district court erred
in denying their motion for a mistrial after a court security
officer made comments to the jury regarding the origin of a
firearm.
“[D]enial of a defendant’s motion for a mistrial is
within the sound discretion of the district court and will be
disturbed only under the most extraordinary of circumstances.”
United States v. Dorlouis, 107 F.3d 248, 257 (4th Cir. 1997).
Given the brief nature of the comments at issue here and the
curative
instruction
given
district
court
not
did
by
the
abuse
court,
its
we
find
discretion
that
in
the
denying
Appellants’ motion for a mistrial.
Butler argues that because the jury acquitted him of
possession
and
discharge
of
a
firearm,
causing
the
death
of
Fernando Rodriguez, in furtherance of a drug-trafficking crime,
the
court
erred
by
taking
Butler’s sentencing.
that
conduct
into
account
during
However, conduct for which a defendant has
been acquitted may nonetheless be considered by the district
court
in
determining
established
by
a
a
sentence,
preponderance
so
long
as
the
of
the
evidence.
States v. Young, 609 F.3d 348, 357 (4th Cir. 2010).
conduct
is
United
Here, the
Government provided sufficient evidence upon which the district
court could base its finding that Butler had caused Rodriguez’s
death by a preponderance of the evidence, even if such evidence
was not sufficient to establish the offense charged beyond a
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reasonable doubt.
Page: 5 of 5
Accordingly, the court did not err in taking
such conduct into account during sentencing.
Finally, Butler argues that the district court erred
in
finding
that
Butler
was
an
organizer
or
leader
of
the
criminal activity, pursuant to U.S. Sentencing Guidelines Manual
§ 3B1.1, and accordingly applying a sentencing enhancement.
review this determination for clear error.
Slade,
631
F.3d
185,
188
(4th
Cir.
We
See United States v.
2011);
United
Kellam, 568 F.3d 125, 147-48 (4th Cir. 2009).
States
v.
We find that the
district court did not clearly err because the enhancement is
supported by evidence in the record.
We therefore affirm the convictions and sentences of
Butler and Wright.
We deny Wright’s motion to file a pro se
supplemental
and
reversal.
legal
before
brief
Butler’s
motion
for
summary
We dispense with oral argument because the facts and
contentions
the
deny
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
5
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