United States v. Curtis Dodson
450 F. App'x 505
6th Cir.2011Background
- Dodson was convicted of conspiracy to possess at least five kilograms of cocaine and aiding/abetting possession with intent to distribute under 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C. § 2.
- Sandoval and Abernathy ran a large drug operation; a stash-house in Memphis was used to process and sell drugs, including cocaine found in this case.
- Dodson helped unload, deliver, weigh, and re-pack drugs, and he possessed a stash-house key and mail addressed to him at the stash-house.
- On March 13, 2006, officers found about five kilograms of cocaine at the stash-house after a controlled sequence ending with a search.
- Evidence included extensive phone contacts between Dodson and Sandoval/Abernathy, mail at the stash-house, and a gun reportedly owned by Dodson.
- The district court admitted officers’ opinion testimony on drug-dealer behavior without a contemporaneous dual-role instruction; Dodson was convicted on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Dodson argues evidence insufficient for conspiracy. | Dodson contends the record fails to prove agreement and participation. | Sufficient evidence supported conspiracy beyond a reasonable doubt. |
| Sufficiency of evidence for aiding and abetting | Dodson contends no proof of knowledge and assistance. | Dodson contends the evidence fails to show aiding and abetting. | Evidence supports aiding and abetting based on knowledge and assistance. |
| Admissibility of officers’ opinion testimony without dual-role instruction | Dodson claims plain error from lack of contemporaneous dual-role instruction. | Dodson argues error under Lopez-Medina; no instruction given. | No plain-error due to appropriate instruction and trial court approach. |
Key Cases Cited
- Jackson v. Virginia, 443 F.3d 307 (U.S. 1979) (sufficiency review; reasonable-doubt standard)
- United States v. Gardner, 488 F.3d 700 (6th Cir. 2007) (elements of drug conspiracy; slight evidence after proof of conspiracy)
- United States v. Tocco, 200 F.3d 401 (6th Cir. 2000) (heavy burden; credibility not weighed by appellate court)
- United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. 2006) (dual-role testimony and instruction considerations)
- United States v. Vasquez, 560 F.3d 461 (6th Cir. 2009) (extension limitations of Lopez-Medina)
- United States v. Johnson, 488 F.3d 690 (6th Cir. 2007) (pattern jury instruction on weighing opinion testimony)
- United States v. Martin, 520 F.3d 656 (6th Cir. 2008) (plain-error review framework)