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  • United States v. Nelson Locklear, 941 F.2d 1208, 4th Cir. (1991)

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    Nelson Locklear was convicted of conspiring to possess cocaine with intent to distribute. On appeal, he argued that the trial court erred in admitting hearsay testimony from a co-conspirator, Mary Bryant, and that without this testimony there was insufficient evidence to support his conviction. The Fourth Circuit affirmed the conviction, finding that Locklear waived any objections to Bryant's testimony, and that there was substantial independent evidence of Locklear's involvement in the conspiracy based on testimony from Bryant and another co-conspirator, Johnnie Locklear, establishing that Locklear had agreed to deliver cocaine to Bryant.

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    Filed: 1991-08-16 Precedential Status: Non-Precedential Citations: 941 F.2d 1208 Docket: 90-5017

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    Nelson Locklear was convicted of conspiring to possess cocaine with intent to distribute. On appeal, he argued that the trial court erred in admitting hearsay testimony from a co-conspirator, Mary Bryant, and that without this testimony there was insufficient evidence to support his conviction. The Fourth Circuit affirmed the conviction, finding that Locklear waived any objections to Bryant's testimony, and that there was substantial independent evidence of Locklear's involvement in the conspiracy based on testimony from Bryant and another co-conspirator, Johnnie Locklear, establishing that Locklear had agreed to deliver cocaine to Bryant.

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    United States v. Nelson Locklear, 941 F.2d 1208, 4th Cir. (1991)

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    Nelson Locklear was convicted of conspiring to possess cocaine with intent to distribute. On appeal, he argued that the trial court erred in admitting hearsay testimony from a co-conspirator, Mary Bryant, and that without this testimony there was insufficient evidence to support his conviction. The Fourth Circuit affirmed the conviction, finding that Locklear waived any objections to Bryant's testimony, and that there was substantial independent evidence of Locklear's involvement in the conspiracy based on testimony from Bryant and another co-conspirator, Johnnie Locklear, establishing that Locklear had agreed to deliver cocaine to Bryant.

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    of 3

    941 F.

    2d 1208

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Nelson LOCKLEAR, Defendant-Appellant.
    No. 90-5017.

    United States Court of Appeals, Fourth Circuit.


    Submitted June 7, 1991.
    Decided Aug. 16, 1991.

    Appeal from the United States District Court for the Middle District of
    North Carolina, at Rockingham. Richard C. Erwin, Chief District Judge.
    (CR-89-196-R)
    David Ferris Tamer, Winston-Salem, N.C., for appellant.
    Robert H. Edmunds, Jr., United States Attorney, Lisa B. Boggs, Assistant
    United States Attorney, Greensboro, N.C., for appellee.
    M.D.N.C.
    AFFIRMED.
    Before DONALD RUSSELL, K.K. HALL and WILKINS, Circuit Judges.
    OPINION
    PER CURIAM:

    Nelson Locklear seeks review of a district court order entering judgment


    pursuant to a jury verdict finding him guilty of conspiring to possess with intent
    to distribute cocaine in violation of 21 U.S.C. 841(a)(1) & (b)(1)(C), 846.

    On appeal, Locklear avers that the trial court erred by admitting into evidence
    allegedly hearsay testimony by government witnesses and that without this
    improper testimony the evidence was insufficient to withstand his motion for
    acquittal. We reject these contentions and affirm.
    2

    Locklear appears to challenge the testimony of Mary Bryant, a coconspirator,


    regarding her discussions with Timothy Smith, a police informant.* The record,
    however, discloses that Locklear raised no hearsay objections at trial to
    Bryant's testimony regarding her discussions with Smith. Any objections
    Nelson may have had were therefore waived. See United States v. Parodi, 703
    F.2d 768 (4th Cir.1983).

    Even if we were to review the merits of this claim, we reject Locklear's


    contention that the government failed to provide an adequate foundation for the
    admission of Bryant's statements by showing, through independent evidence
    and under a preponderance standard, the existence of a conspiracy and his
    participation in the conspiracy. See United States v. Leavis, 853 F.2d 215 (4th
    Cir.1988). Bryant testified that she met with Nelson on June 1, 1989, and
    agreed to purchase from him a half kilo of cocaine for $14,000. Johnnie
    Locklear, another coconspirator, testified that on the same day he met with
    Nelson and agreed to deliver a half kilo of cocaine to Bryant for Nelson in
    exchange for $500. It was undisputed that later that day Bryant and Johnnie
    Locklear delivered a half kilo of cocaine to Smith, and both Bryant and Johnnie
    Locklear testified that they had never discussed drugs between themselves or
    negotiated for the half kilo in question.

    We find that this evidence constituted substantial independent evidence of


    Nelson's involvement in a conspiracy, and therefore conclude that the trial court
    properly admitted into the record statements of Bryant, a coconspirator, made
    in furtherance of the conspiracy. See United States v. Rawle, 845 F.2d 1244
    (4th Cir.1988). See also Fed.R.Evid. 801(d)(2)(E). In view of the preceding
    discussion, we further conclude that substantial evidence supports the finding
    of the jury, and that the trial court therefore properly denied Nelson's motion
    for acquittal. See United States v. Stockton, 788 F.2d 210 (4th Cir.), cert.
    denied, 479 U.S. 840 (1986).

    Accordingly, Locklear's conviction is affirmed. We dispense with oral


    argument because the facts and legal contentions are adequately presented and
    argument would not aid the decisional process.

    AFFIRMED.

    Locklear does not identify the particular statements from Bryant's testimony
    which he considers to be impermissible hearsay

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