United States v. Thomas Wright
688 F. App'x 262
| 5th Cir. | 2017Background
- Thomas Earl Wright was convicted by a jury of: possession with intent to distribute ≥5 kg cocaine (Count 1; later Harris pled guilty to Count 1), possession of a firearm in furtherance of that drug trafficking (Count 2), aiding and abetting possession with intent to distribute marijuana (Count 3), and being a felon in possession of a firearm (Count 4).
- Wright did not move for a judgment of acquittal in the district court; appellate review is for plain error only.
- Wright’s co-defendant, Eric Tyrone Harris, who pleaded guilty, testified that he and Wright jointly owned and ran the illegal drug operation and that two of three firearms found in the house belonged to Wright; Harris also said he saw Wright carry handguns the night before arrest.
- Law enforcement testimony corroborated parts of Harris’s account: officers observed Wright attempting to leave via the back door after a 911 call and a Secret Service agent assigned to DEA surveillance identified Wright as a supplier and testified Wright discussed carrying a pistol on surveilled calls.
- Wright argued insufficiency of evidence that he had actual or constructive possession of the drugs or firearms; the court reviewed the evidence in the light most favorable to the Government and applied the standard for constructive and actual possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of possession (actual or constructive) of drugs and firearm | Government: testimony (including cooperator Harris) and officer surveillance support conviction | Wright: insufficient evidence he actually or constructively possessed the contraband or firearm; cooperator testimony unreliable/un corroborated | Affirmed — evidence not obviously insufficient; Harris’s testimony plus corroboration supports convictions |
Key Cases Cited
- United States v. Davis, 690 F.3d 330 (5th Cir.) (plain-error review for unpreserved sufficiency claims)
- United States v. Delgado, 672 F.3d 320 (5th Cir.) (standard for reversal on plain-error insufficiency review)
- United States v. Phillips, 477 F.3d 215 (5th Cir.) (quoted standard on insufficiency review)
- United States v. McDowell, 498 F.3d 308 (5th Cir.) (evidence viewed in light most favorable to Government)
- United States v. Burton, 226 F.3d 643 (5th Cir.) (definitions of actual vs. constructive possession)
- United States v. Ivy, 973 F.2d 1184 (5th Cir.) (constructive possession principles)
- United States v. Shabazz, 993 F.2d 431 (5th Cir.) (constructive possession principles)
- United States v. McKnight, 953 F.2d 898 (5th Cir.) (constructive possession may be joint)
- United States v. Westbrook, 119 F.3d 1176 (5th Cir.) (accomplice cooperation testimony can suffice if not incredible)
- United States v. Pierre, 958 F.2d 1304 (5th Cir.) (manifest miscarriage of justice standard for reversal)