403 F.Supp.3d 173
W.D.N.Y.2019Background
- Undercover detective Weyland bought cocaine and crack from Collins Pettway in multiple February–March 2015 transactions; Collins was seen entering/exiting 460 Eggert Road immediately before some sales.
- Police executed search warrants at 460 Eggert Road and 634 Kenmore Avenue on March 7, 2015, recovering large quantities of cocaine and crack, cash, drug manufacturing paraphernalia, scales, and items with DNA matching Collins and Michael Pettway.
- Michael Pettway’s ID, phones, and cash were found in the 460 Eggert Road bedroom; witnesses said Michael lived there. DNA from Michael was on the scale, firearms, and a package of crack; Collins’s DNA was on a metal strainer used for drug processing.
- Indictment charged both brothers with a multi-count narcotics conspiracy and related substantive counts (counts 1, 7–9 among others); Collins faced additional individual sales counts and other charges.
- Jury verdict: Collins convicted of conspiracy (count 1), multiple hand-to-hand sales counts, possession-with-intent counts for March 7, 2015 (counts 7–8), and maintaining a drug-involved premises (count 9); Michael acquitted on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy (Count 1) | Gov: evidence of repeated sales, use of 460 Eggert Rd, car rentals, and DNA supports conspiracy between brothers | Collins: acquittal of Michael undermines proof of an agreement; insufficient evidence he joined a conspiracy | Court: Denied Rule 29; circumstantial evidence allowed rational juror to find Collins knowingly joined conspiracy; co-defendant acquittal irrelevant |
| Sufficiency of evidence for possession-with-intent (Counts 7–8) | Gov: March 7 sales, large quantities and paraphernalia at 460 Eggert Rd, Collins’s DNA on manufacturing items support possession and intent | Collins: drugs were at Michael’s residence; Michael’s acquittal shows insufficient proof Collins possessed or intended to distribute those drugs | Court: Evidence sufficient for a rational juror to convict Collins as a principal for counts 7–8 |
| Maintaining a drug-involved premises (Count 9) | Gov: drugs, manufacturing materials, and Collins’s repeated presence at 460 Eggert Rd support maintaining premises for drugs | Collins: Michael lived there; acquittal of Michael shows premises attribution uncertain | Court: Denied motion; jury could find Collins criminally liable for maintaining/using the premises despite Michael’s acquittal |
| Effect of co-defendant’s acquittal on Collins’s convictions | Gov: each defendant’s guilt is assessed separately; inconsistent verdicts allowed | Collins: Michael’s acquittal compels acquittal for related counts against Collins | Court: Cited Supreme Court precedent — inconsistent verdicts permissible; acquittal of one co-defendant does not require acquittal of another |
Key Cases Cited
- United States v. Pizzonia, 577 F.3d 455 (2d Cir.) (standard for viewing evidence in sufficiency review)
- United States v. Coplan, 703 F.3d 46 (2d Cir.) (deferential standard on sufficiency challenges)
- United States v. Chavez, 549 F.3d 119 (2d Cir.) (credibility and weight for jury findings)
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard that conviction must be supportable by any rational trier of fact)
- United States v. Monaco, 194 F.3d 381 (2d Cir.) (elements required to prove conspiracy)
- United States v. Gaviria, 740 F.2d 174 (2d Cir.) (conspiracy may be proven by circumstantial evidence)
- United States v. Salameh, 152 F.3d 88 (2d Cir.) (conspiracy proof discussion)
- United States v. Powell, 469 U.S. 57 (inconsistent jury verdicts do not require vacatur)
- Dunn v. United States, 284 U.S. 390 (inconsistent verdicts precedent)
- Harris v. Rivera, 454 U.S. 339 (inconsistent treatment of codefendants permitted)
- United States v. Dotterweich, 320 U.S. 277 (codefendant verdict inconsistencies addressed)
- United States v. Facen, 812 F.3d 280 (2d Cir.) (sufficiency for possession/intent convictions)
- United States v. Gleason, 616 F.2d 2 (2d Cir.) (liability as principal vs aider and abettor)
- Steckler v. United States, 7 F.2d 59 (2d Cir.) (on jury lenity and inconsistent verdicts)