Federal Circuits, 8th Cir. (July 23, 1991)
Docket number: 90-5229
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Mark W. Peterson, Minneapolis, Minn., for appellant.
Jon M. Hopeman, argued (Jerome G. Arnold, Jon M. Hopeman and Denise D. Reilly, on brief), Minneapolis, Minn., for appellee.Before FAGG and BEAM, Circuit Judges, and HEANEY, Senior Circuit Judge.HEANEY, Senior Circuit Judge.Doris Jean Admon appeals from her convictions of conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. Sec . 846, and of traveling in interstate commerce with intent to distribute the proceeds of cocaine sales in violation of 18 U.S.C. Sec . 1952(a). We affirm.BACKGROUNDAdmon and five others were tried on a thirty-two count indictment charging narcotics and firearms violations in connection with an alleged cocaine distribution conspiracy. Admon is the ex-wife of Ralph ("Plukey") Duke, the convicted ringleader of the conspiracy.The evidence against Admon at trial consisted of witness testimony, conversations intercepted via a wiretap of Admon's home telephone, and cash, firearms, and drug paraphernalia seized following a search of Admon's home, which she shared with her son, co-defendant Ralph Lamont ("Monte") Nunn. The wiretap evidence showed that Admon made numerous sales of cocaine in amounts of one ounce or less between March 1 and May 2, 1989. It also showed that on March 4, 1989, Duke phoned Admon from Las Vegas and told her to pick up $6,000 from the home of co-defendant Walter Hughes. Admon then phoned Hughes for directions to his house, indicating that she was in a hurry to catch a plane flight. In addition, the wiretap intercepted two other conversations between Admon and Duke on March 4, 1989 in which they discussed Admon bringing money to Duke in Las Vegas. On April 3, 1989, the wiretap recorded the following phone conversation between Admon and someone named Bob:Bob: Ooooh. You got his six thousand dollars.. . . . .Admon: Six thousand, twelve thousand.. . . . .Sure did.. . . . .Sure it was mine, fuck. I'm runnin around here goin across country and shit. Hell.. . . . .Fuck, with his motherfuckin dope and money and shit movin back and forth. Hell.Ex. 264; Tr. vol. X at 152.On April 6, 1989, co-defendant Serena Nunn drove Admon to the Minneapolis airport where Admon boarded a flight to Los Angeles. When Admon exited the plane in Los Angeles, drug enforcement agents approached her and asked if she had any narcotics or large amounts of money with her. Admon denied carrying narcotics, but stated that she had $2,000 to $3,000 with her. She consented to a search of her purse and luggage, which contained $1,523 in cash. Admon told the agent conducting the search that the money came from her savings and bingo earnings, and that she intended to give some of it to relatives and use some for shopping in Los Angeles. Admon then consented to a pat search, which disclosed a money belt containing $33,880 in cash. Without being asked, Admon denied that the cash was drug-related. She said that $5,000 came from her grandmother, $12,000 came from a loan, and the remainder represented gifts from gentlemen friends. The Drug Enforcement Agency seized Admon's cash.On May 4, 1989, police executed a search warrant at Admon's home. In Admon's bedroom, the officers found $500 and a Western Union money transfer receipt for $2,000 from Doris Duke to Ralph Duke. In the kitchen, they found an airline boarding pass in Admon's name from Minneapolis to Los Angeles, a shipping receipt for a package sent from Joseph Duke to Ralph Duke, and assorted drug paraphernalia. A P38 automatic weapon was found under a couch cushion in the basement family room, and a briefcase found in a hot tub contained a 9 millimeter automatic pistol and an empty clip. In Monte Nunn's bedroom, the officers found $18,000 in cash. Following the search, the officers arrested Admon, Serena Nunn, and Samantha Duke.Admon was indicted on, and pleaded not guilty to, one count charging conspiracy to distribute five kilograms or more of cocaine, and one count charging violation of the Travel Act, 18 U.S.C. Sec . 1952(a). A jury found Admon guilty of both counts. The district court sentenced her to twenty years imprisonment on the conspiracy count and five years imprisonment on the Travel Act count, to be served concurrently, and to eight years of supervised release. Admon appeals.DISCUSSIONAdmon challenges her convictions as not being supported by sufficient evidence. In reviewing a jury conviction, we must consider the evidence in the light most favorable to the government and must uphold the verdict if a reasonable fact finder could have found guilt beyond a reasonable doubt. United States v. Marin-Cifuentes, 866 F.2d 988, 992 (8th Cir.1989).I.To convict Admon of conspiracy under 21 U.S.C. Sec . 846, the government must prove, by direct or circumstantial evidence, the existence of an agreement among Admon and her co-defendants to achieve an illegal purpose. See Henderson v. United States, 815 F.2d 1189, 1191 (8th Cir.1987) (citing United States v. Grego, 724 F.2d 701, 704 (8th Cir.1984)). Although Admon need not have had knowledge of all the conspiracy's details, a showing that she knew of the essential object of the conspiracy is required for a conviction. See Id. Receipts for money and packages sent to Duke were found in Admon's home and introduced at trial. The evidence at trial also showed that, at Duke's direction, Admon collected $6,000 from Walter Hughes and delivered it to Duke in Las Vegas. Admon described in a phone conversation traveling across the country with $6,000 or $12,000 of "his" money and "his" dope. It was permissible for the jury to infer from all the evidence that "his" referred to Duke. Testimony indicated that Hughes often received cocaine from Duke through intermediaries and made cash payments for the cocaine in the same manner.Admon later flew to Los Angeles, where Duke owned a home, carrying nearly $34,000 in cash concealed around her waist. On questioning, she lied about the amount of cash she had. Other associates of Duke, including Admon's son, Monte Nunn, had previously been arrested at the Los Angeles airport carrying large amounts of cash which they admitted were the proceeds of cocaine sales. When an agent did find the hidden cash, Admon voluntarily asserted that it was not drug money.Admon also made numerous sales of cocaine in amounts of one ounce or less during the time her phone was tapped. A search of Admon's home, which she shared with Monte Nunn, one of Duke's major distributors, yielded cocaine packaging paraphernalia. The jury could infer from this evidence that Nunn and Duke were the sources of the cocaine Admon sold from her home. A reasonable jury could find from all this evidence that Admon knowingly participated in an agreement with Duke, the essential purpose of which was the distribution of cocaine.II.The Travel Act provides as follows: (a) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to-- (1) distribute the proceeds of any unlawful activity; or (2) commit any crime of violence to further any unlawful activity; or (3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity,and thereafter performs or attempts to perform any of the acts specified in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than five years, or both.18 U.S.C. Sec . 1952(a) (1988). To establish a Travel Act violation, the government thus must prove that Admon traveled in interstate commerce with intent to distribute the proceeds of cocaine sales, and that she performed or attempted to perform some act in furtherance of the unlawful activity after arriving in Los Angeles. See United States v. Becton, 751 F.2d 250, 255 (8th Cir.1984), cert. denied,Try vLex for FREE for 3 days
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