United States v. Lawrence Lalonde Colton
2014 U.S. App. LEXIS 2159
| 8th Cir. | 2014Background
- Colton was convicted by a jury of conspiracy to distribute controlled substances and multiple distribution counts; sentencing judge varied downward from advisory range to 300 months.
- Indictment charged conspiracy to distribute oxycodone, oxymorphone, hydromorphone, and heroin; additional conspiracies and distribution counts were later narrowed before trial.
- Trial showed Colton helped locate drugs in Detroit, arranged transport to the Twin Ports, and coordinated distribution with co-conspirators Liddell and Portis.
- Evidence included witness testimony of drug sourcing, wired proceeds, and pills supplied by Colton to various dealers; some pills were hidden by a witness for concealment.
- Law enforcement traced phone and text communications and substantial wire transfers totaling $62,810 between 2010 and 2011.
- The Government introduced controlled-buy recordings showing Colton and an associate selling pills; the pills tested positive for oxymorphone.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions | Colton argues evidence is unreliable and insufficient. | Colton argues credibility and weight undermine conviction. | Evidence sufficient; credibility not reassessed on appeal. |
| Drug quantity calculation for base offense level | Colton contends district court overestimated quantity; should exclude informant-only pills. | Government may include all reasonably foreseeable quantities in the conspiracy. | Drug quantity supported by record; proper under guidelines. |
Key Cases Cited
- United States v. Cuevas-Arrendondo, 469 F.3d 712 (8th Cir. 2006) (standard for sufficiency of evidence on appeal)
- United States v. Bell, 477 F.3d 607 (8th Cir. 2007) (credibility issues not weighed on sufficiency review)
- United States v. Savatdy, 452 F.3d 974 (8th Cir. 2006) (strict standard for sufficiency of evidence)
- United States v. Funchess, 422 F.3d 698 (8th Cir. 2005) (credibility of witnesses not for appellate weighing)
- United States v. Wiest, 596 F.3d 906 (8th Cir. 2010) (credibility not to be weighed on appeal)
- United States v. Roach, 164 F.3d 403 (8th Cir. 1998) (trial court may estimate drug quantities)
- United States v. Bradley, 643 F.3d 1121 (8th Cir. 2011) (quantity may include reasonably foreseeable transactions)
- United States v. Rodriguez, 484 F.3d 1006 (8th Cir. 2007) (scope of conspiracy-related quantities)
- United States v. Plancarte-Vasquez, 450 F.3d 848 (8th Cir. 2006) (scope of drug conspiracy quantity law)
- United States v. Miller, 511 F.3d 821 (8th Cir. 2008) (standard for reviewing factual quantity findings)
- United States v. Rodriguez-Hernandez, 353 F.3d 632 (8th Cir. 2003) (how quantity/identity findings are reviewed)