Federal Circuits, 6th Cir. (November 09, 1992)
Docket number: 92-5302
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http://vlex.com/vid/37484639
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U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 2 - Sec. 2. Principals
US Code - Title 21: Food and Drugs - 21 USC 846 - Sec. 846. Attempt and conspiracy
US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
Before MILBURN, ALAN E. NORRIS and KRUPANSKY, Circuit Judges.
PER CURIAM:The defendant-appellant Freginald Ardell Conyers has appealed from his conviction for distribution of cocaine base. The three count indictment returned against Conyers on September 12, 1991, charged him with conspiring to distribute cocaine base in violation of 21 U.S.C. 846, aiding and abetting in the distribution of cocaine base in violation of 21 U.S.C. 841(a)(1) and 18 U.S.C. 2, and distribution of five grams or more of cocaine base in violation of 21 U.S.C. 841(a)(1). After a two-day jury trial, beginning on November 26, 1991, the jury returned a guilty verdict against the defendant on count three of the indictment, distribution of five grams or more of cocaine base, but could not reach an unanimous verdict on counts one and two. Conyers was then sentenced under the Sentencing Guidelines to 120 months and a retrial date was scheduled for the two remaining counts. On the government's motion, the district court dismissed the remaining two counts.In May of 1991, John Anthony Isbell, Sr., began working as an undercover police officer for the Chattanooga Police Department, Narcotics Division. While posing as a drug purchaser on June 9, 1991, Officer Isbell met with Conyers who arranged for the sale of 2.6 grams of cocaine base. On June 13, 1991, Officer Isbell again met with Conyers and purchased a quantity of cocaine base. On this occasion, Conyers not only negotiated the transaction, but delivered the drugs himself. Conyers was arrested on September 19, 1991, by agents from the federal Drug Enforcement Agency, the Tennessee Bureau of Investigation and officers of the Chattanooga Police Department.Conyer's first assignment of error on appeal charged that there was insufficient evidence to support the conviction because the government failed to prove beyond a reasonable doubt that defendant was predisposed to commit the crime after defendant had entered an affirmative defense of entrapment. This argument is without merit. This circuit has previously addressed this issue and concluded that "[t]he central inquiry in entrapment cases is whether law enforcement officials implanted a criminal design in the mind of an otherwise law-abiding citizen or whether the government merely provided an opportunity to commit a crime to one who was already predisposed to do so." United States v. Pennell, 737 F.2d 521, 531 (6th Cir.1984), cert. denied,