The Akron Legal News

6th Circuit affirms conspiracy, distribution drug conviction of 'middleman'

KEITH ARNOLD
Special to the Legal News
Published: July 18, 2011

A Cincinnati federal appeals panel affirmed the U.S. District Court’s conviction of a Cleveland man on conspiracy and distribution of crack charges, despite the man’s assertions that the district court should have accepted his motion for acquittal and evidence did not support his conviction.

The three-judge panel of the 6th Circuit Court of Appeals reasoned a rational trier of fact could have found the elements of conspiracy to possess with intent to distribute cocaine or crack were proved beyond a reasonable doubt in Nathaniel Robinson’s case.

“Five drug dealers from King Kennedy Estates testified about Robinson’s ‘middling’ role of often assisting in drug transactions,” the court wrote per curiam. “Likewise, audio and video evidence established Robinson’s participation in a drug transaction with a government informant. Not only did Robinson know who and where the drug dealers were in the King Kennedy Estates area, he brought customers to the drug dealers and received compensation in the form of cash or crack from the dealers.

“Though he was not the leader of the drug ring, he was far from a mere bystander.”

A 10-year joint investigation by the Federal Bureau of Investigation and the Cleveland Metropolitan Housing Authority into drug trafficking around the King Kennedy Estates housing project in Cleveland culminated in a federal indictment of 16 defendants in 2008, case summary provided.

Each defendant, including Nathaniel Robinson, was indicted on drug trafficking charges, including conspiracy to possess with intent to distribute crack cocaine and distribution of crack cocaine. Robinson was the only defendant who did not plead guilty and his three-day jury trial began on April 27, 2009. Evidence at Robinson’s jury trial established that the criminal investigation was centered around a grocery store, Sav-Mor, located next to the King Kennedy Estates.

The government presented evidence at trial that demonstrated that drug dealers from King Kennedy Estates worked with middlemen at Sav-Mor to direct “safe” customers their way and provided the middlemen with cash or drugs for their assistance. The FBI paid Kison Robertson about $20,000 from 2000 to 2008 to serve as an informant as part of its investigation of King Kennedy Estates and other drug trafficking areas. At trial, Robertson testified that he had previously requested Robinson’s help in purchasing cocaine at Sav-Mor in November of 2007; however, despite Robinson’s help, Robertson was not connected with a dealer on that occasion.

On Dec. 3, 2007, two government informants, including Robertson, arrived at Sav-Mor, both equipped with audio and video surveillance equipment. Robertson approached Robinson, greeted him by name and inquired about purchasing a “quake,” a quarter of an ounce of crack, summary continued.

It detailed that Robinson stated “there is my dude right there,” and pointed Robertson toward a drug dealer, Artemous Roulette, who was in a parked car at Sav-Mor. Robinson approached the car and notified Roulette that he had a customer. Robertson got in the car, requested a “quake,” and inquired as to whether Roulette was going to “take care” of Robinson for his assistance. Roulette declined to provide Robinson with any benefit for directing Robertson to him at that time, so Robertson paid Robinson $20. Roulette sold a “quake” to Robertson for $300 later that day at a BP gas station in the same neighborhood.

The government asserted that Robinson “middled” the drug deal; and, therefore, was guilty of the charged offenses. Additionally, the government presented testimony from crack dealers Fadil Barrett, Antoine Morgan, and Hysheen Thomas, each of whom stated that they saw Robinson “middle” drug deals at King Kennedy Estates.

Crack dealer Brian Nettles said Robinson “middled” drug transactions for him a few times and he compensated Robinson by giving him cash or crack. Roulette and Thomas were indicted alongside Robinson, summary detailed.

Roulette testified at trial that Robinson “middled” the drug transaction recorded by Robertson, that he previously sold crack to Robinson and that he had given Robinson crack for free on occasion. Roulette testified that he only sold crack to Robertson because Robinson twice assured Roulette that he knew Robertson. Roulette said he declined to pay Robinson for “middling” the drug transaction until after the crack sale was completed, that Robinson did not want to wait for payment; and that Robertson subsequently volunteered to pay Robinson.

Robinson moved for judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure and asserted that insufficient evidence was presented to support any conviction on the indicted offenses. The district court denied the man’s motion. Subsequently, the jury found Robinson guilty of both the conspiracy and distribution offenses. He was sentenced to the mandatory, statutory-minimum term of imprisonment of 120 months on July 1, 2009, prompting the present appeal.

“Evidence was presented that Robinson answered a customer’s request to find a drug dealer, directed that customer to a drug dealer, personally vouched for the customer to the drug dealer, and accepted payment from the customer after the dealer declined to deliver payment prior to the conclusion of the drug sale,” the court continued. “Thus, sufficient evidence support Robinson’s conspiracy conviction and sentence and the district court properly denied Robinson’s motion for judgment of acquittal.”

Senior Judge Damon Keith and fellow 6th Circuit judges Julia Smith Gibbons and Helene White comprised the panel.

The case is United States v. Robinson, case No. 09-3876.

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