SENTENCING MEMORANDUM fld by gov as to dft Willie Edwards, Jr (imr)
On page 1296 of the transcript of the direct examination of former DEA Special Agent Vincent Balbo, Special Agent Balbo confirmed that Abiodun Agbele was indicted in the United States. Agbele worked with Bola Ahmed Tinubu to launder money for Agbele's uncle, Mueez Adegboyega Akande, who sold white heroin from Nigeria in the United States. The Agbele indictment appears to be under seal.
There was a problem locating the requested document.
Page 1 •
FI LED
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
MAR 14 199&
STEPHEN R. LUD~. CLERK
U. S. DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
UNITED STATES OF AMERICA
v.
)
)
)
No. H CR 92-113
)
WILLIE EDWARDS, JR.
)
GOVERNMENT'S SENTENCING MEMORANDUM
Comes now the united States of America by Jon E. DeGuilio,
united States Attorney for the Northern District of Indiana, and
says as follows:
The government has alleged that defendant Willie Edwards, Jr.
was not only a member of the Lee Edwards narcotics conspiracy, but
he
was
so
co~spiracy
inextricably
intertwined
with
all
phases
of
the
that the entire amount of narcotics attributable to the
conspiracy is also attributable to Willie Edwards, Jr. l
Edwards (in this document, any reference to "Edwards" me:ans
Willie Edwards, Jr.; Lee Edwards and Lorri Edwards- are referred to
IThe gov~rnment has never contended that Willie Edwards, Jr.
was on a par with Lee Edwards as far as being a leader in the
conspiracy, but the government has always argued that Willie
Edwards, Jr. 's role was such that he was more accountable for the
narcotics dealt by the conspiracy than the many " independent
_contractors" who dealt narcotics 'for Lee Edwards. The government's
position is set forth at paragraph 6 of the presentence report:
c
Additionally, the government has advised that tne
defendant was involved in the conspiracy longer than the
months reflected above which reflect months a wiretap was
monitoring the Lee Edwards residence • • • . He was not an
organizer or leader in the conspiracy, but is believed to
be more cUlpable than independ~nt contractors such as
James Davis and Rosetta Pirtl~, as he had a better
knowledge and understanding of the s~ope of the
conspiracy.Page 2 ".
•
by using both their first and last names) raises two objections to
the presentence report.
First, Edwards "objects to the fact he was
involved in the conspiracy longer than the months reflected •••• "
Presentence report
(fifth addendum),
p.
15 .
Second,
Edwards
"objects to the amount of drugs (47 kilos of heroin) which have
been attributed to him for guideline calculations."
Presentence
report (fifth addendum), p. 16.
I.
LENGTH OF TIME EDWARDS WAS IN THE CONSPIRACY.
Edwards claims he was involved in the conspiracy for a period
of approximately four weeks in August and September 1990, during
which he lived at Lee Edwards' house, answered the phone, passed on
messages,
and on two occasions made deliveries of narcotics.
Presentence report, paragraph 10.
The
evidence,
however,
indicates
that
Edwards
actively
participated in the conspiracy from early 1988 to at least the end
of September, 1990!2
Lorri Edwards testified at the sentencing hearing that Willie
Edwards, Jr. began running narcotics to an apartment building on
6th and Grant Streets in Gary, out of which Lee Edwards' workers
were selling narcotics.
Lorri Edwards testified that while she
could not pinpoint the date on which she first became aware of
Willie Edwards, Jr. taking narcotics to the apartment building,
Edwards began this activity at the latest no more than a year after
he was released from prison, where he had been serving Ii a state
2trhe conspiracy terminated on October 11, 1990, when law
enforcement agents searched Lee Edwards' residence (during which
Lee Edwards shot at federal agents) and arrested Lee Edwards.
2
cPage 3 prison sentence.
•
Edwards served a sentence of incarceration in the
Indiana Department of Corrections for dealing in a narcotic drug,
a Class B felony 'in Indiana.
Presentence report, paragraph 23.
The probation department reported, and the parties agreed, that
Edwards was released from the Indiana Department of Corrections on
February 24, 1987.
Edwards'
Presentence report, paragraph 24.
involvement
in the Lee Edwards
narcotics
That places
trafficking
organization at February of 1988, at the latest.
Several, but by no means all,3 of the tape recorded telephone
conversations engaged in by Willie Edwards,
Jr.
intercepted by
virtue of the wire tap were introduced into evidence and played at
trial.
The most recent of the tapes played was exhibit 118, which
was
tape
a
recording
September 20, 1990.
of
a
telephone
Therefore, Edwards'
conversation
occurring
involvement in the Lee
Edwards narcotics trafficking organization continued until at least
near the end of September, 1990.
Edwards
actively
participated
in
the
Lee
Edwards'
drug
trafficking organization from at least February 1988 until at least
the end of September, 1990, or a period of at least 2 1/2 years.
II.
QUANTITY OF NARCOTICS ATTRIBUTABLE TO EDWARDS.
~Edwards
claims that during the four weeks he stayed at Lee
Edwards' residence in August and September of 1990, Edwards made
3The wire tap laste4 approximately 60 days, beginning in
August, 1990 and ending in October, 1990. There were a total of
777 pages of transcripts of pertinent telephone conversations
participated in by Willie Edwar(ils, Jr. inter.cepted during the
period of the wire tap. The latese of these conversations occurred
October 3, 1990.
, 3Page 4 ",1
'-
•
~1
only
t~o/~eliveries
•
of narcotics:
He advised on two (2) occasions during this time, he made
drug deliveries. On one occasion, he delivered a $20 bag
of heroin and on another occasion, a $10 bag of cocaine.
Presentence report, paragraph 10.
The evidence from the tape recorded telephone conversations
introduced at trial alone, however, prove Edwards wrong.
number
103
through
118
were
tape
recordings
conversations engaged in by Willie Edwards, Jr.
of
the
conversations where
Edwards
agrees
of
Exhibits
telephone
A summary of some
to make
deliveries
follows:
Exhibit 105
(8/22/90 at 9:03 p.m.):
Mike Sutton orders a
"twenty". Sutton is at the Shell station, and Edwards tells
Sutton, "Okay, come up there to the corner.
Right at the
corner of the street."
Exhibit 106 (8/29/90 at 6:11 p.m.): Little James orders "a
three oh" .•.. "on the dude". 4 Edwards says, " ••. I'll be on,
on my way, soon as I get it."
They agree to meet "on
Fifteenth."
Exhibit 108
(9/7/90 at 11:01 p.m.):
Gary Bradley orders a
"four".
Edwards tells Bradley, ".... meet me at Fifth and
Taft." Edwards says, "Go on, go on and leave man. I rm on my
way. "
Exhibit 109 (9/9/90 at 9: 20 p.m.); Annette orders "a seventy
boy, ••• dime of girl, ••• two dimes of boy, ••• two dimes of
girl, okay, and two dimes of boy". Edwards tells her to "just
go in the lot •.• you be there • . • • If I don't be out there
by that time, just come to the door."s
Exhibit 110
(9/11/90 at 6:51 p.m.):
Mike, Sutton orders a
"twenty". Edwards tell~ him, "You know the next street over
4Lorri Edwards testified this was an order for a $30 bag of
heroin. Trial transcript, p. 440
sLorri Edwards testified that "boy" meant heroin 'and "girl"
meant cocaine.
Trial transcript, p. 439.
For example, this
conversation "70 boy" meant $70 worth of heroin, "dime girl" meal1t
$10 worth of cocaine, and "two dimes of boy" meant two $10 bags of
heroin. Trial . transcript, p. 444,
.\
4
cPage 5 ,.
"
. - )J
•
•
from here, Rutledge? ••• Okay, go, go down there, I mean, uh,
g6, go, go the next street over, from us, stop there, go down
Fifteenth, next street over from us, the street after that,
about two streets over from here." Edwards tells Sutton, "we
got, got the white now. ,,6 Edwards says, "Just meet me down
that way."
Exhibit 111
(9/11/90 at 7: 09 p.m.):
Robert "Bob" Brown
orders "half a T." Brown asks Edwards, " .•• meet you where?"
Edwards replies, "Go down there to that liquor store on
Fifteenth. • •. Ilm gonna be right on down there."
Exhibit 113 (9/14/90 at 9:47 p.m.): Larry Lowe orders a dime
boy and a dime girl. Edwards tells him, " ..• meet me behind
behind the house here .•. I mean the next street behind
the house on Rutledge. The next street over ••• you know, by
the alley •.•. "
Exhibit 114,' (9/15/90 at 7: 51 p.m.):
Annette orders, "A
thirty cent boy •.• a forty cent boy, and a twenty cent girl."
Edwards tells her, "I 1m going to go 'and get that for you know •
••• 'Cause I'm gettin' ready to walk out •.••• meet me right
down there on Fifth Avenue ••• by that fillin' station •••• "
Exhibit 115 (9/15/90 at 10:50 p.m.): Elaine Hughes orders "a
twenty white and a twenty brown." Edwards tells her to park
"on Rutledge; the next street over from here.
. .• by the
alley. 1-1
Exhibit 116 (9/16/90 at 6: 44 p.m.): Annette orders "a thirty
boy and a dime girl." Edwards tells her, "I'm gonna have to
meet you somewhere. • •• you know where Rutledge at ••• behind
the house? ••• And ,then not that street, not Rutledge, the
street before you get to that.
• •• Meet me, you know, just
you • • • . You can park them on Fifth Avenue ••• and get out of
the car •.• and meet me in the alley down there."
Exhibit 117 (9/16/90 at 6:55 p.m.): Mike sutton calls and
asks for Willie ••• "the one with the white Cadillac." Willie
Edwards, Jr. gets on the phone, and sutton orders "a dime."
sutton tells Edwards sutton is -on Fourth and Bridge streets.
Edwards tells sutton to walk to Fifth and "... be by that
church down there from; from the ••• fillin' station."
Exhibit 118 (9/20/90 at 9:29 p.m.): Mike Sutton orders "a
dime." Edwards tells sutton, "Come on in back of, you know,
Rutledge."
c
6Lorri Edwards testified this is a reference to white heroin.
Trial transcript, p. 447..
~
1\
5
I
I
,IPage 6 •
•
Edwards clearly is lying when he claims he only made two. .
deliveries of narcotics of a $20 bag and a $10 bag.
Edwards obviously is accountable for much more than that to
which he admits.
The next question
is,
"For how much is he
accountable?"
The
Seventh
Circuit
recently
repeated
the
long
standing
principle that a participant in a narcotics conspiracy may be held
accountable for more than just the quantity of narcotics personally
dealt by that participant:
section 1Bi.3 of the Sentencing Guidelines requires
the district court to consider "relevant conduct" when
calculating a defendant's base offense level. U.S.S.G.
§ 1B1.3.
The court must consider, not just the criminal
conduct with which the defendant was charged, but "all
acts and omissions ••• that were part of the same course
of .conduct or common scheme or plan as the offense of
conviction." . U.S.S.G. § 1B1.3(a) (2).
"[I]n a drug
distribution
9ase, II
according
to
the
Guidelines
Commentary, "quantities and types of drugs not specified
in the count of conviction are to be included in
determining the offense level if they were part of the
same course of.conduct or part of a common scheme or plan
as the count of conviction." U.S.S.G. s lBl.3 cmt. 10.
Thus, for example, the district court in this case was
required to consider, not just the approximately 100
grams of cocaine involved in Demski's "offense of
conviction"
(attempted. possession with
intent to
distribute cocaine on February 13,1993), but the entire
amount of cocaine involved during the period in which the
Taylor conspiracy was active. One who participates in
"jointly undertaken criminal activity," whether or not
charged may be held accountable for the reasonably
foreseeable acts of his co-conspirators if those acts
were committed in IUEtherance of the conspiracy.
U.S.S.G. § lB1.3, Application Note 2; united states y.
Savage, 891 F.2d 145, 151 (7th eir.1989).
united States v. Taylor, 72 F.3d 533, 541 (7th eire 1995) [emphasis
added].
The principle that a defendant who was participant in a
narcotics conspiracy may be held accountable for the quantity of
1!0
1.\
6Page 7 •
•
narcotics dealt by the conspiracy is tempered by the requirement
that the narcotics dealt were
"reasonably foreseeable"
to the
defendant:
The Guidelines require district courts to sentence a
criminal conspiracy defendant on the basis of all acts
committed by the defendant for which the defendant "would
be
otherwise
accountable."
U.S.S.G.
§ 1B1.3.
Application Note 1 defines conduct for which a defendant
"would be otherwise accountable" as "conduct of others in
furtherance of the execution of the jointly-undertaken
criminal activity that was reasonably foreseeable by the
defendant." U.S.S.G. § 1B1.3, comment. (n. 1) (emphasis
added) •
Reasonable foreseeability refers to the scope of the
agreement that Fontanez entered into when Ae joined the
conspiracy, not merely to the drugs he may have known
about.
United states v. Edwards, 945 F.2d 1387, 1403
(7th Cir.1991), cert. denied,
u.s.
, 112 S.ct.
1590, 118 L.Ed.2d 308 (1992). -----United states v.
Flores, 5 F.3d 1070, 1082-83
(7th Cir.
1993).
However, it is not enough for the District court to reiterate
the
above
defendant
conspiracy.
standard
is
and
accountable
then
for
announce
all
the
a
conclusion
narcotics
that
dealt
the
by
a
The sentencing court must make an " individualized
inquiry ••• in order that the defendant is sentenced only on the
basis of a conspiracy that was reasonably foreseeable to him
setting forth the reasons why the particUlar amount of drugs was
reasonably foreseeable to him,
before the court."
(7th Cir. 1991).
with reference to the evidence
United states v. Edwards, 945 F.2d 1387, 1399
"Before concluding that a given quantity of drugs
was foreseeable for sentencing purposes, the district jUdge should
make clear that he has considered the evidence of the individual
defendant's agreement to join a conspiracy of the scope alleqed by
"\
the government."
Id.
Compare, for example, United states v.
'. _7Page 8 •
••
..
"
Edwards,
supra, where the 7th Circuit found that the evidence
indicated the defendant had joined a larger conspiracy "less than
two months before federal agents arrested the defendants" [945 F.2d
at 1400]; with united states v.
Taylor,
supra,
where the 7th
Circuit approved of sentences imposed wherein the sentencing court
held individual defendants accountable for different quantities of
narcotics based upon the length of time they were involved in the
conspiracy [72 F.3d at 542].
Also see united states v. Flores,
supra, wherein the Seventh Circuit found that the sentencing jUdge
complied with Edwards by making a statement on the record in
support of its determination regarding the quantity of narcotics
attributable to the defendant.
In Flores, the Court indicated on
the record, "I do fit:'ld by a preponderance of the evidence that" the
defendant "was a knowledgeable conspirator with respect to the
scope of the activities" among other primary co-conspirators "at
least as early as August 1990".
The Court also set forth some of
the evidence regarding the activities that the defendant undertook
in furtherance of the conspiracy.
united states v. Flores, supra, 35 F.3d 1070 at 1083.
The Court therefore should examine the length of time Willie
Edwards, Jr. was a participant
the conspiracy, the activities in
~n
which he engaged in furtherance of the conspiracy, and the extent
of the knowledge he had of the scope of the conspiracy.
Based upon
those factors, the Court can make an informed determination of the
quantity of narcotics dealt by the conspiracy that were foreseeable
to Willie Edwards, Jr. when he joiped the conspiracy and while he
8Page 9 l, ..
••
. 'l
J'
•
continued..to participate in the conspiracy.
that
Willie
Edwards,
Jr.
participated
The government argues
in
every
facet
of
the
conspiracy, and therefore Edwards was in such a position that the
entire amount of narcotics dealt by the conspiracy during the time
that Edwards was a participant was foreseeable to Edwards.
The evidence indicates that Edwards was involved in
phase of the Lee Edwards narcotics trafficking organization.
~very
The
organization can be broken down in various elements:
1.
Sources of supply.
Lee Edwards used Raymond Davis as a
source of supply of brown heroin, and Abiodun Agbeleoas a source of
supply of white heroin.
at Willie Edwards,
DEA Special Agent Vincent Balbo testified
Jr.' s
sentencing hearing that Raymond Davis
admitted that he supplied Lee Edwards with brown heroin and that
Lee Edwards would .send others to Raymond Davis to pick up the
supply.
Raymond Davis identified Willie Edwards, Jr. as one of the
individuals who would pick up the supply of heroin for Lee Edwards.
The supply of white heroin was more of a rarity, and would come
from Abiodun Agbele, who in turn obtained the heroin from Nigeria.
Willie Edwards, Jr. knew when there was a supply of white heroin
in, as indicated by the telephone conversation recorded in Exhibit
110,
summarized
customer,
"we
above,
got
wherein
the white
in
Willie
Edwards,
now."
Willie
Jr.
tells
Edwards,
a
Jr. 's
activities with regard to the sources of supply, alone, distinguish
Willie Edwards, Jr. from the rest of the workers and independent
contractors ..
9Page 10 2.'
•
Workers.
•
Lee Edwards made use of workers. These people
would be "fronted" narcotics by Lee Edwards and would return to Lee
Edwards a portion of the sale proceeds.
bag,
the seller would keep $2,
For example, for every $10
and owe Lee Edwards $8.
transcript, pp. 413, and 420-21.
Trial
The workers who sold narcotics
out of the apartment building on 6th and Grant streets worked on
that basis.
Lorri Edwards testified at the setencing hearing that
less than a year after Willie Edwards, Jr. was released from prison
in
February
of
1987,
apartment building.
Edwards
began
taking
narcotics
to
the
Lee Edwards also had narcotics sold at the
Black Horseman liquor store, on Virginia street, which was owned by
Lee Edwards.
Trial transcript, p. 411.
I
Lorri Edwards testified at
the sentencing hearing that Willie Edwards, Jr. sold drugs out of
the parking lot of the ·liquor store,
testified that she would keep a
as well.
Lorri Edwards
record of these transactions.
Lorri Edwards identified a black binder seized in the search of the
Lee Edwards residence at 460 Taft Place as a book that contained
some of these drug records.
Trial Transcript,
p.
418.
Lorri
Edwards identified an entry dated March 7, 1990 as being a record
of narcotics for which Willie Edwards, Jr. was responsible.
The
record for that date indicated Willie Edwards, Jr. was responsible
for 100 $10 bags of white heroin, 30 $10 bags of brown heroin, and
42
bags
of
cocaine.
Trial
Edwards, Jr. was clearly a
Transcript,
size~ble
Edwards.
'Il
1\
10
•
pp.
419-421.
Willie
seller of narcotics for LeePage 11 t
,1
3.
•
•
'...
Runners.
Lee Edwards also made use of "runners".
These
people would answer the phone for Lee, take narcotics orders, and
run the narcotics out to locations where they would meet the
narcotics customers to complete the sale.
The tape recorded
telephone conversations introduced into evidence establish that
Willie Edwards, Jr. was heavily involved in this type of activity.
Factors which distinguish Edwards from the other "runners" are that
Edwards actually lived at the Lee Edwards residence, and Edwards
was much more heavily involved in making these transactions than
other co-defendants.
4.
Independent
contractors.
There were a
couple more
trusted individuals who Lee Edwards supplied with large quantities
of narcotics at a.time to sell from their own locations for Lee
Edwards.
Lee Edwards would sometimes supply narcotics customers
with the telephone' numbers for these individuals and refer the
customers there..
James Davis.
. These individuals included Flakes Kellum and
Lorrie Edwards' testimony from Lee Edwards trial
transcript, pp. 907-909 [copy attached hereto].
Willie Edwards waS
familiar with these individuals, the quantities of narcotics with
which they were supplied to sell, and the telephone numbers where
they could be reached.
In Exhibit 112, for example, a recording of
a telephone conversation occurring 9/14/90 at 4:07 p.m., Edwards
tells Brad Guyton that, "Flakes just left here, man.
just got 'bout three hundred things. ,,7
He just, he
Exhibit 86 from the. Lee
7Lorri Edwards testified this meant Flakes had just left with
about 300 $10 bags of "boy", or h~roin. Trial transcript, p. 449.
11Page 12 I ,I
•
•
.,..
Edwards, et ale trial [a copy of which is attached hereto] is a
tape recording of a telephone conversation wherein Willie Edwards,
Jr. tells Willie Word that James Davis still has some narcoti.cs and
Edwards gives Word Davis' telephone number.
5.
Switchinq residences.
Lee Edwards would switch back and
forth between two residences, to avoid attracting attention to a
sustained volume of traffic at one residence.
manned the phones at both residences.
In
Exhibit
108,
summarized
above,
Willie Edwards, Jr.
Trial transcript, p. 449.
Willie
Edwards,
Jr.
makes
statements that indicate he knows the organization is about to
switch residences, and arranges to meet the caller at the other
residence.
For
sentenc~ng
purposes,
Willie
Edwards,
Jr.
is
held
accountable for all the narcotics dealt by the conspiracy which are
"reasonably
participated
trafficking
foreseeable"
in
every
to
him.
aspect
organization,
since
of
all
of
the
the
Willie
Lee
Edwards,
Edwards
narcotics
Jr.
narcotics
dealt
by
the
organization in the last 2 1/2 years of the organization's life
were attributable to him.
Willie Edwards,
Jr.
participated in
picking up brown heroin from Lee Edwards' source of supply of brown
heroin in Chicago, Raymond Davis.
Willie Edwards, Jr. was familiar
with the shipments of white heroin, and informed the customers of
when the white heroin was available.
sold from the Lee Edwards residences.
Some of the narcotics were
Willie Edwards, Jr. answered
the phones at both residences, took narcotics orders, instructed
the customers where to meet, and
~et
12
the customers to deliver thePage 13 •
•
narcotics and obtain the money.
Lee Edwards had workers selling
out of the apartment building at 6th and Grant streets.
Willie
Edwards, Jr. brought narcotics to the building to be sold.
Edwards
kept
responsible.
being
a
record
of
narcotics
for
which
others
for
sizeable
quantities
of
narcotics.
Edwards caused narcotics to be sold from his liquor store.
store.
were
Willie Edwards, Jr. was listed in the records as
responsible
Edwards,
Lorri
Jr.
Lee
Willie
sold narcotics from the parking lot at the liquor
Lee Edwards had independent contractors to whom customers
would be referred to purchase narcotics.
Willie Edwards, Jr. knew
the names and phone numbers of these individuals, knew whether or
not the individuals had a supply of narcotics to be sold and the
quantity of narcotics supplied to the individuals, and referred
customers to the individuals.
Not only was the entirety of the Lee
Edwards narcotics trafficking organization "foreseeable" to Willie
Edwards, Jr., but Willie Edwards, Jr. participated in every facet
of the organization other than physically mixing and packaging the
narcotics,
including every facet of the supply and distribution
network.
Willie Edwards, Jr. was not a leader in the organization.
Edwards was the undisputed leader.
not
facing
a
sentencing
Lee
However, Willie Edwards, Jr. is
enhancement
for
being
a
leader
every
part
or
organizer.
Willie
Edwards,
Jr.
was
involved
in
of
organization, more so than any other of the co-defendants.
the
Not
only is Willie Edwards, Jr. accountable for all the narcotics dealt
13Page 14 1,I
by
~he
•
•
organization during his 2 1/2 year participation in the
organization", but it is impossible to see how Willie Edwards, Jr.
can be separated out from the organization and held responsible
only for a finite and clearly defined quantity of narcotics.
During the Lee Edwards sentencing hearing,
the government
established the quantity of narcotics accountable to the conspiracy
for the period of time that Willie Edwards,
participant in the conspiracy.
Jr.
was an active
A copy of a transcript of the
testimony of DEA Special Agent Vincent Balbo from Lee Edwards'
sentencing hearing was introduced into evidence at Willie Edwards,
Jr.'s sentencing hearing [and is also attached].
A portion of the
government's sentencing memorandum from the Lee Edwards sentencing
hearing, dealing with the calculation of the quantity of narcotics
dealt by the Lee Edwards narcotics trafficking organization, was
also offered to the Court [and is also attached].
One should note
from those documents that Raymond Davis said that he was a source
of supply of heroin to the Lee Edwards organization since 1988.
In
addition Abiodun Agbele said that he supplied the Lee Edwards
organization with white heroin between 1989 and January of 1990,
with an additional shipment being delivered in February of 1990.
These dates are significant, because they all fall within the
time period, from at least February 1988 to approximately the end
of
the
organization
in
October
of
1990,
during
Edwards, Jr. was participating in the organization.
which
Willie
The quantities
attributed" to the Lee Edwards organization when Lee Edwards was
sentenced, then, are the same as the quantities attributable to the
.,
14Page 15 .. ,.
I'
organi~ation
•
•
\
during the time period that Willie Edwards,
participating in the organization.
support
appeal.
united states v. Lee Andrew Edwards,
1995)
these quantities were upheld
[1996 WL 83180]
was
The evidence and calculations
used to
Cir.
Jr~
in Lee
Edwards'
F.3d
(7th
[a copy of the relevant portions of
which is attached].
WHEREFORE, the government respectfully requests the Court to
rule
in favor
of the government with regard to the contested
sentencing issues, and to sentence the defendant in accordance with
the calculations set forth in the presentence report.
Respectfully submitted,
JON E. DeGUILIO,
UNITED STATES ATTORNEY,
~/==:;::::;~;:::=~~~;J.~~~~
..L~==-"::'==:::=Daniel L. Bella,
By :..
Assistant united States Attorney·
Attorney No. 2670-45
15
_Page 16 {
•
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~
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•
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA
v.
WILLIE EDWARDS, JR.
)
)
)
)
)
No. H CR 92-113
APPENDIX
TO
GOVERNMENT'S SENTENCING MEMORANDUMPage 17 l
\
•
. .,
t •
INDEX TO APPENDIX
•
TAB A:
SELECTED
PAGES
CITED
IN
GOVERNMENT'S
SENTENCING
MEMORANDUM OF LORRI EDWARDS' TESTIMONY FROM WILLIE
EDWARDS, JR. TRIAL TRANSCRIPT
TAB B:
PAGES
CITED
IN
GOVERNMENT I S
SENTENCING
SELECTED
MEMORANDUM OF LORRI EDWARDS' TESTIMONY FROM LEE ANDREW
EDWARDS TRIAL TRANSCRIPT
TAB C:
TRANSCRIPT OF TAPE RECORDED TELEPHONE
EXHIBIT 86 FROM LEE ANDREW EDWARDS TRIAL
TAB D:
SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT OF DEA
SPECIAL AGENT VINCENT BALBO'S TESTIMONY AT LEE ANDREW
EDWARDS' SENTENCING HEARING
TAB E:
SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT OF
GOVERNMENT'S SENTENCING MEMORANDUM FILED WITH THE COURT
IN CONNECTION WITH LEE ANDREW EDWARDS' SENTENCING HEARING
TAB F:
PORTION OF OPINION DEALING WITH CALCULATION OF QUANTITY
OF NARCOTICS FROM 7TH CIRCUIT COURT OF APPEALS DECISION
IN UNITED STATES V. LEE ANDREW EDWARDS
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CONVERSATION;Page 18 t
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SELECTED PAGES
CITED IN GOVERNMENT'S SENTENCING MEMORANDUM
OF LORRI EDWARDS' TESTIMONY
FROM WILLIE EDWARDS, JR. TRIAL TRANSCRIPTPage 19 .t
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411
1
Q
Were drugs sold out of both residences?
2
A
Yes.
3
Q
Were there other locations that Lee would sell drugs Ollt of
besides the two houses?
4
(.
L. EDWARDS - DIREC'"
5
A
Yes.
6
Q
And during the time that you were married to him, did :rou
7
come to know of another location that drugs were sold out
8
of?
9
A
Yes.
10
Q
What location was that?
11
A
He had apartment building on 5th and Grant, and a liquor
12
store on 10th and Virginia, 10th and Virginia or 11th Hnd
13
Virginia street.
14
Q
What was· the name of the liquor store?
15
A
Black Horseman.
16
Q
And did Lee own that?
17
A
Yes.
18
Q
And there was also an apartment building that Lee had on
Grant street, is that correct?
19
20
A
Yes.
21
Q
IS that apartment building stili there?
22
A
No.
23
Q
And were drugs sold
24
A
Yes.
25
Q
What -- would Lee go to the apartment building, for
c
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o~t
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of those locations?Page 20 •
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Ow
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1
most common type of drug or size of drug sold, a dime hag,
2
what arrangements would he have with the workers who would
3
sell the dime bags?
4
A
6
They would get $2, two or $3 off of each bag and he go;: the
rest.
5
Q
When these workers would work for Lee would they
wOllid
they be given a number of bags at a time to sell?
7
8
A
Yes.
9
Q
Was any record kept of how many bags the workers were
given?
10
(
413
L. EDWARDS - DIREC'"
11
A
Yes.
12
Q
Also seized in the search that occurred October 11, 19!1O,
was there a black book used to keep notes of these records?
13
14
A
Yes.
15
Q
If I may I approach.
THE COURT:
16
17
Q
You may.
Hand you what's been marked for identification purpose as
18
Government's Exhibit 28, and ask if you can identify that
19
please?
20
A
Yes, that's the book that was -- the drugs were -- the
21
workers, they got so many drugs, and it was written dO'Tn
22
what they were supposed to
23
Q
And is that one of
th~
'\
24
25
information in?
A
Yes.
t~rn
in.
books that you would keep thatPage 21 ,
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A
Right there with the glasses and the black and gray
sweater.
3
MR. BELLA:
4
(
Your Honor, would the record reflect 1:he
witness has identified the defendant, Willie Edwards,
5
6
THE COURT:
7
MR. MAK5IMOVICH:
8
THE COURT:
9
MR. BELLA:
10
418
he's wearing?
1
2
L. EDWARDS - DIRECtt
Q
~rr.
Any objection?
No objection.
50 indicated.
You testified that when these packages of drugs were g:.ven
11
to workers to sell that the -- there was a record kept of
12
the amount of packages they would get?
13
A
Yes.
14
Q
And from that record were you able to determine or keep a
15
record of how much money they owed Lee for the drugs that
16
they would sell?
17
A
Yes.
18
Q
If I may approach the witness, Your Honor.
THE COURT:
19
20
Q
You may.
Lorri, you testified earlier that Government Exhibit 2n,
c
21
the black binder that was seized from the house at 460 Taft
22
place during this search contained some of these drugs
23
records, is that righi?
~
24
A
Yes.
25
Q
Drawing your attention to the pages in the back of thit;Page 22 •
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419
1
book, there are some pages that have names on them and
2
numbers and one of these pages says Joanie and Flakes, who
3
would that be?
4
A
That was Flakes and his girlfriend, they worked for
5
Q
And is that a record of drugs that they would get to
LeE~.
sE~ll
for Lee?
6
7
A
Yes.
8
Q
Does it have a date and certain amounts of drugs on it:'
9
A
Yes.
10
Q
And in the case of this page it has certain amounts of
either W or a, what would W or a be?
11
12
A
W was for white heroin and a was for brown heroin.
13
Q
And flipping to another page in the book, it says Ella Mae,
who would that be?
14
15
A
One of Lee's workers.
16
Q
And where did she work out of?
17
A
I
really don't know.
I
think she just like in the
strE~et,
you know.
18
19
Q
Did she also work at Lee's liquor store?
20
A
Yes.
21
Q
And then there's another page of the book that has the name
Willie on it, who. would that be?
22
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L. EDWARDS - DIRECtt
23
A
Willie Edwards.
24
Q
And that has certain numbers of drugs too, is that right?
. 25
A
Yes.Page 23 •
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DIREC~
420
1
Q
And dates on that as well, is that right?
2
A
Yes.
3
Q
And then on the yet another page of the book Willie's name
4
appears, is that correct?
5
A
Yes.
6
Q
And again the same records, is that correct?
7
A
Yes.
8
Q
Looking at this page for a moment, it indicates on 3-7··90
9
(
L. EDWARDS -
100 W's, what would that be?
10
A
100 dime bags of white heroin.
11
Q
If Willie, like the other workers, gets $2 of each dim(! bag
12
sold and $8 went back to Lee, Lee would have $800 coming to
13
him for that 100 dime bags of white heroin, is that
ri~rht?
14
A
Yes.
15
Q
And right next to 100 W's it says eight hundred, is thnt
16
right?
17
A
Yes.
18
Q
And then right below that it says 30 B's, what would that
be?
19
20
A
Thirty $10 bags of brown heroin.
21
Q
And if 30 $10 bags of brown heroin were sold Lee would ge\
$8 back for each bag, that would be $240, is that righ 1:?
22
23
A
Right.
24
Q
And right next to that that it says 240, is that correct?
25
A
Yes.
1\Page 24 ~
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L. EDWARDS -
DIREC~
421
1
Q
Finally below that it says 42 G's, is that right?
2
A
Yes.
3
Q
And what would G's be?
4
A
Cocaine.
5
Q
What does G stand for?
6
A
Girl.
7
Q
Girl, which is another name for cocaine?
8
A
Yes.
9
Q
And then there is another dollar fi'gure next to that, 336,
is that right?
10
11
A
Yes.
12
Q
And then there is a total of all three of those figures of
1376, is that --
13
14
A
Yes.
lS
Q
And then it shows a thousand off, and then another subtotal
16
of 376, and then 96 off, and another subtotal of 280, is
17
that correct?
18
A
Yes.
19
Q
In addition to selling the drugs or having the workers sell
20
the drugs out of the apartment building, you testified that
21
Lee would distribute drugs from the houses on 4th and
22
Place and 15th and Taft street, is that correct?
~
~aft~
23
A
Yes.
24
Q
Would Willie Edwards do anything to help sell drug$ from
2S
the residences at 4th and Taft Place or 15th and TaftPage 25 .
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1
Q
Boy again is what kind of drug?
2
A
Heroin.
3
Q
And girl?
4
A
Cocaine.
5
MR. BELLA:
Thank you.
6
THE COURT:
Cross insofar as this portion.
7
MR. MAKSIMOVICH:
8
THE COURT:
You can continue on, Mr. Bella.
9
MR. BELLA:
Like to play Exhibit 105.
MR. MAY:
10
I have nothing further.
No cross.
This should be from conversation telephone
(Government Exhibit Number 105, a cassette
tape recording, was played in open court.)
12
13
-MR. BELLA:
14
15
Q
Lorri, all these conversations that we're hearing where
16
Willie Edwards is identified as the speaker on the
17
transcript, is that Willie Edwards, the defendant?
18
19
20
21
22
\ .
439
219 838-3811 on August 22, 1990 at 9:03 p.m.
11
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•
L. EDWARDS - DIRECT
A
Yes.
MR. BELLA:
Let's play the next one, if you don't havQ
any questions.
THE COURT:
Mr. Maksimovich, do you have any
questions?
23
MR. MAKSIMOVIC¥:
No.
24
MR. BELLA:
Thank you.
2S
THE COURT:
You may go on to the next one.Page 26 I"
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L. EDWARDS - DIRECT
1
MR. BELLA:
2
MR. MAY:
Thank you, Your Honor.
440
Exhibit 106.
This conversation is to come from telephone
219 949-3704 on August 29, 1990 at 6:11 p.m ••
3
(Government Exhibit Number 106, a cassette
tape recording, was played in open court.)
4
5
MR. BELLA:
6
7
Q
Just two questions about this.
Lorri, first of all this
8
caller ordered a three oh on the dude, do you know what
9
that would be referring to?
10
A
Pardon me?
I didn't hear you?
11
Q
Is this caller ordered a three oh on the dude, do you know
what that would be referring to?
12
13
A
That's a $30 bag of heroin ..
14
Q
And I-notice that the previous conversation, the first
15
three that we listened to here were on the telephone
16
of 460 Taft Place; whereas this one is the phone number at
17
1522 Taft street.
18
and forth between the two houses, is that right?
numbe~
And you testified-earlier you moved back
19
A
Yes.
20
Q
And they also talk about meeting on Taft Street in this
conversation, is that right?
21
22
A
Yes.
23
MR. BELLA:
Oka~.
24
THE COURT:
Cross.
25
MR. MAKSIMOVICH:
I have nothing further.
Yes.Page 27 •
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MR. MAY:
1
•
L. EDWARDS - DIRECT
444
This comes from telephone number 219
883-3811, September 7, 1990 at 11:01 p.m.
2
(Government Exhibit Number 108, a cassette
tape recording, was played in open court.)
3
4
5
MR. BELLA:
I have no questions about that.
6
THE COURT:
Any questions, Mr. Maksimovich?
7
MR. MAKSIMOVICH:
8
MR. BELLA:
9
MR. MAY:
No cross.
I want to play Exhibit 109.
Exhibit 109, telephone, number 219 883-3811
which occurred on September 9, 1990 at 9:26 p.m.
10
(Government Exhibit Number 109, a cassette
tape recording, was played in open court.)
11
12
(:
'
MR. BELLA:
13
14
Q
Lorri, 70 boy is what?
15
A
$70 worth of heroin.
16
Q
And dime girl is what?
17
A
$10 worth of cocaine.
18
Q
And two dimes boy is what?
19
A
Two $10 bags of heroin.
20
MR. BELLA:
I have nothing further.
21
THE COURT:
Cross.
CROSS EXAMINATION
BY
MR. MAKSIMOVICH:
22
23
1ll
24
25
Q
What quantity of
we talking about?
heroifi~is
$70, what amount of heroin
a~ePage 28 ••
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L. EDWARDS -
DIRE~
447
Yes.
2
MR. BELLA:
Thank YOu..
3
THE COURT:
Recross.
4
MR. MAKSIMOVICH:
5
MR. BELLA:
I have nothing further.
Nothing.
I would ask Your Honor that.we play
Exhibit 110.
6
MR. MAY:
7
Conversation was on phone 219 949-3704 on
September 11, 1990 at 6:51 p.m ••
8
(Government Exhibit Number 110, a cassette
tape recording, was played in open court.)
9
10
11
12
Co, .
MR. BELLA:
Q
Lorri, first of all, there was some discussion about street
13
names and I notice one portion of the transcript it refers
14
to Evertt, Clayburn and 5th, sounds like street names to
15
you in instead of that?
16
A
Clayburn, Ellsworth but not Clayburn.
17
Q
Ellsworth.
18
A
Yes.
19
Q
And then also -- so when there is discussion about some of
Is there a Cleveland Street near you too?
20
the streets near you would Rutledge, Ellsworth be some of
21
the streets near where you were living?
22
A
Yes.
23
Q
Also at one point Willie Edwards tells this caller, We got
~
'\
the white now; do you know what that's referring to?
24
25
A
The white heroin.Page 29 •
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1
Q.
2
A
'.
L. EDWARDS - DIRE'
Can you tell us what, that is?
It's measured out of the teaspoon, the spoons that we used
3
to measure drugs with.
4
Half a T would be another measure?
5
A
Yes.
6
MR. BELLA:
That's all I have.
7
THE COURT:
Cross.
8
MR. MAKSIMOVICH:
9
MR. BELLA:
MR. MAY:
10
No cross, Your Honor.
I'd ask, Your Honor, we play Exhibit 112.
This call is from telephone 219 883-3811 on
September 14, 1990 at approximately 4:07 p.m ••
11
12
(
449
(Government Exhibit Number 112, a cassette
tape recording, was played in open court.)
13
MR. BELLA:
14
15
Q
Lorri, I' see from this transcript now you're back at 460
Taft
16
Place~
is that right?
17
A
Yes.
18
Q
And when Willie says Flakes just left here with about three
hundred of those things, what does that mean?
19
20
A
21
22
He had just left with about three hundred packs of -- $10
packs of boy.
Q
And is that the kind of thing that you testified about
23
before where tlakes would come up and pick up all those
24
packages and then leave?
25
A
Yes.Page 30 ,
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SELECTED PAGES
CITED IN GOVERNMENT'S SENTENCING MEMORANDUM
OF LORRI EDWARDS' TESTIMONY
FROM LEE ANDREW EDWARDS TRIAL TRANSCRIPTPage 31 •
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L. EDWARDS -
DIRE~
907
Yes.
1
2
Q
Do you know Willie Edwards, Jr.?
3
A
Yes.
4
Q
And what relationship is he to Lee Edwards?
5
A
That's his nephew.
6
Q
And did Willie Edwards, Jr., do anything with regard to the
drug trafficking?
7
8
A
He sold packages, he would answer the telephone and he
9
would deliver packages for people who would -call and want a
10
package and Lee might not want them to come to the house so
11
he -- sometimes Willie would deliver the packages, you
12
know, to them; they would meet somewhere.
13
14
MR. BELLA:
Your Honor, I would ask permission at this
time to play Exhibits 82 through 86.
lS
~HE
16
MR. MAY:
COURT:
You may.
This is Exhibit 82.
(Government Exhibit Number 82, an audio tape
recording, was played in open court.)
17
18
19
20
21
MR. BELLA:
Maybe'we should just go along right
through, go ahead and play.
MR. MAY:
Exhibit 83.
(Government Exhibit Number 83, an audio tape
recording, was played in open court.)
22
23
24
25
MR. MAY:
Exhibit 84.
~
(Government Exhibit Number 84, an audio tape
recording, was played in open court.)Page 32 •
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L. "EDWARDS -
908
DIRE.
1
MR. MAY:
2
Exhibit 85.
(Government Exhibit Number 85, an audio tape
recording, was played in open court.)
3
4
5
MR. MAY:
Exhibit 86.
(Government Exhibit Number 86, an audio tape
recording, was played in open court.)
6
7
8
9
MR. BELLA:
Q
Lorri, we just heard about five conversations with Willie
10
Edwards.
The first conversation he agreed to meet that
11
person at the corner, and the next -- second one he agreed
12
to meet. at the liquor store, he said I'll be right on down
13
there.
14
the house, I'll meet you in the street behind Rutledge
15
Street and meet in the alley.
16
that Willie would do for Lee?
And I think the fourth one he said don't come to
Is that the kind of thing
17
A
Yes.
18
Q
You say take the phone calls and make deliveries, is that
what you're referring to?
19
20
A
Yes.
21
Q
Then that third conversation there was a beep for call
c
waiting; did you have call waiting on those phones?
22
23
A
Yes.
24
Q
And in that conversatfbn, Willie sent someone to Flakes and
tl
25
said he just left-here with about 300 of them things.
DoPage 33 f
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909
you know what that was referring to?
1
2
L. EDWARDS -
A
He just got his bags, 300 -- had to be dimes of heroin, it
3
may have been some girl, heroin, girl.
4
don't remember.
Or maybe heroin, I
5
Q
Where would Flakes come to to get those bags?
6
A
To the house on 4th and to the house on 15th.
7
Q
In that instance, Willie was referring to somebody over to
8
Flakes; would that happen sometimes where someone would
9
answer the phone at your houses and refer people to others
who were selling for Lee?
10
11
A
Yes.
12
Q
And was Flakes one of those people?
13
A
Yes.
14
Q
In the last conversation Willie referred to someone as
Little James, gave out his phone number.
15
16
A
Yes.
17
Q
Is that another one of those people?
18
A
Yes.
19
Q
What about -- who is Phenether Buchanan?
20
A
Lee's niece.
21
Q
And would she also do some things that would help in the
22 .
23
drug sales?
A
Phenether, she stayed with us.
Sometimes she would answer
~
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24
the phone and sometimes she would -- somebody would call
25
and want a package and she would take them in somewhere or
cPage 34 -
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TRANSCRIPT OF TAPE RECORDED TELEPHONE CONVERSATION;
EXHIBIT 86 FROM LEE ANDREW EDWARDS T~IALPage 35 I
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Pn-302 (REV. 3-10-&2)
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FEDERAL BUREAU OF INVESTIGATION
(
Date C!' truScriptloD _ _1_1_/_1_/_9_1
_
The followinq is a transcription of a telephone
conversation between WILLIE WORD and WILLIE EDWARDS, on telephone
number (219) 883-3811, located at 460 Taft Place, Gary, ~ndiana,
and subscribed to by LEE ANDREW EDWARDS. This telephone call
occurred on September 21, 1990, at approximately 2:45 PM.
...
This was an incominq call.
,
'.
':.
The call was monitored by SA DENNIS PHILLIP
;
HY~EN.
-.
c
24SF-IP-71386-dt;J71
24SF-IP-71386,Sub J~
. PUe' 24SF-IP'!""71386, Sub Icr
t
\
lDyutlaaUoD aD
( .. It,
~
9/21/90·
SA DAVXe A.
at
Gary, Indiana
aOTHb"'~dV
. Dato elletatecl
9/21/90
flail el~cumOllt eGDtam. Deither rocommadatiolu aor coadusfollJ of Uao PBIeIl II tlae property of tbe PBi aael b 10.004 to yoat alacy:
It a«4 It. eGIllat. aroDot to be cl".r.UJtne4 ofltlf~o your •••q. "
1 .i f')
nPage 36 w.
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24SF-IP-7l386
2
Willie
Edwards
(WE):
Hello.
Willie
Word
(WW) :
WE:
".-: ..
f"
,.
".
'
..
....
'
,
':-
:.
~nintelliqible)
WW:
Ask the old boy can he fix me sumpin'.
(unintelligible)
WE:
He not: up I man.
WW:'
J:s Lorri up?
WE:
No.
Ain't none of 'em up.
WW:
Hmm,
1ml1m,
WE:
Hmm huh.
WW:
Goddamn.
WE:
Wh•••what: was you looJdn' for, 'though?
.WW:
A 'twenty.
J: ain't
They 'sleep.
mmm.
J: need it: bad•
..
WE:
~telliqible)
WW:
:r
WE:
Yeah, 1: la1ow, but ain'1: nobody up, 'though.
can call back maybe 'bout a hour.
WW:
Yeah.
WE:
Oh huh.
1m:
The phone been off the hook.
WE:
Well, J: don't know, J: don't know., (Clears throat) J:
don't know.
WW:
Has little Jues still got some?
:.
..
Hey, Willie boy I how yeu doin'?
need it bad, Willie.
tI
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00144
1: tell you
cPage 37 ,
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245F-IP-71386
--3
WE:
Yeah, yeah.
WW:
You know his number?
WE:
Mmm huh.
WW:
What is it?
WE:
Eight eight six three six one one.
WW:
Hey, ub, I ain't qot another quarter.
and call him for me•
WE:
No, man, I'm not, no.
WW:
Z ain't got another•••
.. ;
WE:
to
(
'.
0"
0""
..
.
•
I
:r don't even know how to do all that.
that.
Put me on hold
J:'m not gonna do
WW:
six three six one one.
WE:
No, yeah, six three six one one.
WW:
Okay.
WE:
Yeah, w••• 'cause I don't know how to do all 'that, man.
WW:
Okay.
WE:
:r wanta, I wanta lay back down.
WW:
Okay.
WE:
Okay•
WW:
All right, all right, thanks.
WE:
Okay.
.....
(Hangs up telephone)
(End)
00145
•Page 38 •
... ...'.
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SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT
OF DEA SPECIAL AGENT VINCENT BALBO'S TESTIMONY
AT LEE ANDREW EDWARDS' SENTENCING HEARINGPage 39 1
2
A
"
doorway, it p~obably
,
area.
And did that shot careen
Q
_.
6 .,
.'
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,
:
'~_traight
>
A.,' Whe re
em angle -or go,
,
'.
down the halJ.way?
.- ug was
the
,t
.'
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.
its angle and ended
..
•. 8
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-
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,
10
-.• ,.
bedroom door?
that hallway ,
t
',.
A
Yes
.'
17
)
Q
I want to draw your
attentj.c~ !'.C"'.'.
S?ed_~.J.
Agent Balbo, to
18
your investiga'tion regardi:!? _':.~e ';t-.'.?nti ties of drugs that
19
Mr. Edwards was
20
that he participated in hi::
21
there was testimony
22
sources of supply of Lse
E~w?=~:
23
there was some testimony
r~:;r?::>:':'::7
24
Nigerian by the name of
responsibJ.~ ~a7
d~?J.in?
during the time
dr~= ~=~~~i~~ing
durin~ ':.~!
':.=i?~ ':.~~':.
activities;
there were some
~~ ~~=~in
and I think
" ::;.?.:-:mond IJavis and a
_-'_!:'~_:'c':::-' :_=,;~._1.c
. .~,·-r.-!3.. E-L-E,
-'
25
THE COURT:
Coun.sel. - -r,·· '. ':.:
1',0
J.1().V~·
to slow
,...Page 40 "':'.~'
•
_0,
16
-Q
-17
in~e=views
A
Yes, I did.-
19
Q
Drawing your attention fir::t ':':'
tell you about his
21
of heroin to Lee Edward37
Da,vis, what did he
-">:_:-_-!'lon~~
activit~es
20
23
that were conducted
of both individuals?
18
22
)
Did you also participate in
~
source of supply
,I
MR. JACKSON:
Th8 question
calls for hearsay an3Wer_
You r
24
MR. BELLA:
25
sentencing hearings.
./
HO~lr:···.
' ..
~.
.:.,.(l}tt).:::::ible duringPage 41 .
,
of 1992 !
A
~
•...
6
e.
.,
1.
p<:n:o~",.:n:-
"
this'bui1ding on the fourth .floor with FBI Special Agent
.
.'
. , It;,; ~
.
~Karen Pertu50. .....
-
o'!J:"
tt ;;. ;'.
' ~~:.'..~-' I ' .: ..
'And. duri.ng
. _
..::_
the~
.'.
:).
';.J. ~
.t~ ~ '., . f " 4 " ' \ ' .
..."1~.
cours<: of'th",.t convers'j-tion, Mr.
I
' .
~
' ' -
..
...1.
that on a ~eg~l~r ~~sis h<: suppiied Lee'
~
t
'.
:~:
)
~eeks
there would
~s
13
Some
16
And in all cases we asked
"
-
n~~s·
~r,
~~d
D~vis
some weeks'there
to give Mr.
17
Edwards the benefit of the doubt. take his time regarding
18
those
19
Edwards the benefit of the dO'.'.':-t. , ..
20
approximately two ounces a
21
year regular basis, and
22
the market fluctuated 1:".'1: :'':'=1:1'.,
23
an ounce of the blC'.ck t?=
quant~ties.
24
THE COURT:
25
THE WITNESS:
And he said in that case, in giving Mr.
wcs~
th~t
':'~
M=.
t~·
1.'-' ~":-
!lS'-C'~.~~
6700.
~
c.
hc.ve been
~s~oin
5~w~rd~
-
. ../
'';':'l.tld
for a two
would pay -- as
~.,?pr.o;",j.mately
$6700Page 42 ,
"
I
,
.,
, . '
ei ther -_. in -most cises Mr. Edwards .,or
,~
..
r
"
-
-
h
.
:
f ," •
.
one "of the people that Mr~ Edwa~ds di~ected the activities
16
.
.- .
-
, -,
~
~
17
of regarding drug trafficking, woul1 go make the pickup in
18
the City of-~hicago or on occasien M~. Davis did come to
19
Gary, Indiana to make the delive=y
20
Q
Did Mr. Davis come up with
total black tar heroin
21
h~
~~
~&~~~~~~
':~p~lie~ ~"
0f jU&t how much
Lse Edwards' drug
22
23
A
Again when we talked
t'J!1~
24
Edwards the benefit of
25
comfortable with the tetal
t!"'.~
':'7'-' -. "'""
~_&);"2d
him to give Mr.
he felt very
...~,... ,:...-,-
,~~
o~
1:ilo9rams of black tar
&~::
hE
&~idPage 43 ,
.
BALE·I)
,., .,
;.,.
,
I
"
~
heroin
..
supplied ~o
..
Mr.
~._
He felt that it was
,
.'.
,"
I.:,
what he' sa~d that he wO'.tl<3 J:-: ;::.C'!1'.f'o"t~.ble
3
4
...
~
Mr. Edwards ·the'benefit of
.,
5
~ le~s,
the,10~bt.
7
'.
..
t.1e€ks
.'
. given to Mr. Edwards
.
.7:.
.;
.;-om~
.t
and Mr.',Davis told us ~th~t.~i~ kilos" of ihe drug were
,.
.8
l'
that some weeks he purch'?~':d 1!ic~"
•
6
.,
~
.~'
And' again this isn't
Q
'." I'
"~9
." '.. J
,.....
,~~.
4,
time, is it? '..".
•
10
again as
No, this is
A
•
,
,"
,
~ndic~~~~.
!
«"
"ounces 'on a pickup a'nd
•
,. t
13
•
,
.,'"
I
two-year
period.
.
...:
"
SO.over a ~wo-year period ~~ ~~e,"? ~n? ~~d two ounce
Q
-4..
14
15
'..
"1;t
(
•
quantities Mr. Davis
"
estim~tec1..
::);.?7: ';he
black tar heroin he s~ppli~d'to the Lee Edwards prug
16
trafficking organization conservatively was six kilograms?
17
A
Yes, sir.
18
Q
And did Mr. Davis also on
occas~0~ s~pply
of heroin, that is, whits
heroi~.
19
20
A
21
Q
'"~l'l·l;.e·:'
of white heroin he he.d
23
trafficking organizati0o c
25
A
to Mr. Edwards?
Yes, sir.
22
24
a different kind'
Mr. Davis said that
nor.m?~.!.~-
Edwards would be the blae!:
-..:"
t~r
-.'
-"'.
!,SS. Ech'ards drug
?"-
~~~
hy
"~ew
for a fact that
.~
,
.Page 44 "".. :.
,BALI'':'
'
~~
"
.there were' occasions ': th?t"
"
heroin from him,
.'
He was 'certain of thi:'
'-
~.
~
'occasions of ~hat hap!?~niri~!,t-ic<.'.,,i:;!i·
.,
5
.
6,
,-
~
th~
availability was ·of
le~st th=e~
, He said that ?t
' ,.
"
..-.
~'
"i
':-r""n,
~~~css
of white heroin
~ . ...t'
....
:...
given to Mr. Edwards,
.,
.
.<'.\
"":
. ~:<.
.;
.\'
.. :,
.
., between the mid 6500 into 7,...000" ~~~ ~~.telt comfort~ble
:,
,-~.
(0'.
"
I
'.
with the tota~ of approxim~telY'~5700 ~n ounce for'white
distr~b~te(
,~
th~t
twp-year period
.
. -
~".
.
~
~dwards'ormembers
,_.: . ," -:- - ~
distribu~iD~ to his ~nowled~e:
13
THE COURT:
•
•
.; THE WITNERSS:
14
.
MR. BELLA:
"
16
" •*" -
I
.../
Q
-
Now, I asked you if Mr, Dc.vis
"'0".:;
'11 ti!'!c.tely i.ndicted and
17
arrested; did there come a time when
18
through the assistance of a
19
make a controlled
purch~se
20
A
Yes.
21
Q
And can you tell us
22
A
On this particular
yo~
coop~rctin?
of
h~ro~~
were able to,
individual, able to
fr.om Raymond Davis?
~bo~t t:h~t-
occc:;~c"
"S W":~
i,v~l"ed
in the Title
wi.r.~t?!,
23
III intercepts, the
24
there was an indicati0!! th·..':. y-
25
to Chicago to make'a
pur.ch~s- ~~
phone, and
~,,~?~~~ ~ovld
~'s
~e70i!!
be traveling
from Mr. Davis.Page 45 S·
t" c
~
....
.f
cooperating individual wh0W~~ ~~c~~ ~c~~~t~d~by Mr.
Edwards, made a consensu~l ~c~._v~=~~ti~~ or rec~rding or
5
W'
6
..
. . . . .
t'ra:,nsmi~t~r invol;,ed
..
.,
.
\0
•
.;
c,?nve=s?t:',:,,, '·'!.th Mr, D~vis, w~erein
C'.
,
Mr. Davis made a sale of
•
.
-..
thi~
.
.
-,.,.'
-
~...
-,.
t<>.r he roin to -
.
'I'
~.
'"
.
-
-~.
•
'su,bject,;,
the cooper::!.t5.n?
}:nd!,-'!.d'.E',1.,
. .
.
J.
ounce of .. heroin, that. )1rJO. r~.yis..
.-
~~b~i~t~0
13
Q
And what was the resu.lt of
14
A
It was found to contain
15
Q
i"m
Ra.ymond Dav~s'
~
DEA
t:~?':, ~.:;,::!.ly:;i~~
he~oin i~
.
~
,
a strength of 35 percent.
~
"
going to show y~u a chart, ·Spec'ie'.l Agen't Balbo', which I
16
will probably refer to severe.l t:.!IlS:3,· Ancl if the Court
17
prefers, I
18
exhibit.
19
..)
.,
~~
"
can mark it as an exh:'bit or submit a one-page
THE COURT'
I
hav~
nc
0hjss~i~~
20
stipulate.
21
page so it can bl? mads par': ':':':
I
think we want tc
22
MR. JACKSON:
23
THE COURT:
=s~~~s
t~~,;:
if
~ounsel
can
it to size of one
=s~':'rd.
The.t·" ,,5.:.:,.. You
rno?~-
t}::~
:.-:--_
24
you may substitute .
25
identify it as an exhib!.t. ?:'.c'.
.;:.:~
'.::~:'
·~:.·1'·t:
now.
Counsel,
,,,I.:.,:". :.")U ::ubstitute it,Page 46 •
""':(:~~~~~~~2S:;.-<' ·~t!..1.~~:Jf;S=:U~".:J'f~~O(f~Wt;.~lt~I~;;;:~rr.~::::~:f.;~:~.:.!!'..:~~2:!~!~-tt::::~.:::;:;:~:::~~::"!::ti:i~~~~:S~"
S=t-~~?';:~;'C~~1·~U:·:<:--r. i>1'ii%:"......
~••~-::.~~~e.~"-
.
,
- .:
": .
",
'
"
'
BALBO -
put it on ,the
1
,
,
·0I~:~:c::r
,
exhibi~ it~~~~:
."
2
half by eleven.
>.
.' MR.
3
THE COURT:
4
'.'~
BELLA:
And
yo~~=~
Any
obj~,=~:ior.-?
?~in- ~~
.
evidencei'
5
6
THE COURT:
7
~ ..~:
MR. 'JACKSON:
8
Sho'"
co.n
',"
,Ill·
. ~
,.
.,,"":.r~
o!Jje,=-:i("~
;
,
,Honor.
9
.s :.
THE COURT:
what·~
the
cbj~c~iQn7
..
THE COURT:
MR. BELLA:
r-
!i':~
t~
do. Your Honor, is
14'
use it as a deIit';nstra,tive ~;;hib!.'':: fc!O•. th-= time being, an"d
15
as -- as special agent Bal~o tes~··:i£~.~s·.
16
THE COURT:
17
. . MR. BELLA:
18
19
.. -.../)
What! would
You may .
At the concl~~iDn of his,testimo~y I think
we'll lay the foundation; I'll
Q
~.
Special Agent Balbo. you
r~s~bmit
at that time.
tcz.~if~~d ~bo~t
~-:"'a_':d.z.,
.,::~.
Raymond Davis as a
,
yo'!, s;;>j.d Raymond Davis
20
source of supply to L'2'2
21
estimated a total of
~i;;
J:!.l,:,::: ,,--
)~1.?.':),
tar heroin, which
22
would be a total a 6.0"0
?~a~~ o~
jl~s~
tar heroin that Mr.
23
Davis supplied to Mr.
24
that correct?
25
A
Yes, sir.
r-:-:'_v.?·-~,~
','"
-- t=:'-.' ':wQ-year period,
isPage 47 ",
J
1
..,
.
,
And about three:Qunces
"
"
,
t
2
ounce fot 85 grams of
3
correct?
.
,
,
0~
'
4
A
Yes.
5
Q
For a total supplied by M=,
6
, J~.>: ~
'.
,7 '"
: -.. ., .
'"
A
~.~
correct?
"
......."~
.,,'r.:. ,"
0'
'$"
_.I"
.
cf 6.085 grams, is
D~v~~
•
•
J~';
That is also correct.
.
~.
",
-
8
You testified that when you
9
purchas; of ~eroin,frpm Mr. p~v~~/ the~heroin tested out 35
10,
12
to make a controlled
,.
percent purity?
Q
•
13
...And
would you
~
.'
purity of the heroin
M~_
r~~';is w~~
$~pplying?
"
14
A
15
, Q
Yes • .
, .'
And'at a 35 percent purity. fo~ ~ tot~l of 6,085
"
."
)
..-/
16
supplied, if that were reduced to pure heroin, 35 percent
17
of the total supplied wou11 DS 2·130
18
A
Yes.
19
Q
So if we were to reduce the
gr~ms,
5."~~ ?ram~
supplied to the
20
Edwards drug trafficking
~-~~=i~~~i~n ~y
21
purity, it would give uz,
,,'),?r~=,:.:,,:?,':r:l,:'
22
heroin, is that correct-
23
A
Pure heroin, yes.
24
Q
I want to refer to thi:;
~'~";.::
Let's turn to the other
sc~:=~e
25
is that right?
the 35 percent
:::.).30 grams of pure
.!,,:,':er :,r: :.:0'.',r testimony.
~U'?91r
now, Abiodun
"Page 48 ,
1
•
·,arrest of
2
< .'
t..
3
,
Agbele; did
, you also
A
. ':'."
.. r
p~.~+:i":~.p:;.+:..~
4:h~
Abi6du~
"-
"'Yes;_ sir, I 'aid:
"
4
'Q
And 'after Mr. Agbe1e was 2DP~ehe~ded
did he cooperate
-- .
\:o'.~:-"e!.:':
,was he interviewed by
5
<,,:'\-:1
:::~",ci?J.
Agent Karen'
'Pettuso 'of the FBI?
.7 :.,!'<. ,•..Yes,
..
"
interviewed by us or we 2sked ~im ~~'~e conservative; 'when
9
you say we, would you be
.'
~~~e~~i~?
to youse1f and Special
"
Agent
Pertuso as there
,
. .,--.
•
Yes, s~r.
,.
~
~
And with regard to Mr. Agbgle
,
"
15'
A
~hat
did
in supplying the
;;o.c~i~:i ":j.~s
He advised that he
su.pplie~l,
Lse
=:d~''''.r-:1,:;
exclusively with
white heroin.
Q
20
22
,
A~bele;
Edwards drug trafficking o=g2~izatio~ with heroin?
16
21
-
Agbe1e tell you about his
16
19
indicated that you
?~~
Special Agent Pertuso interviewed Mr:
14
17
~~~,
And did Mr. Agbele telJ. ye'.', hop he ?'Jt into the business of
supplying Mr.
A
Ed'~arC!.s
<',".C!. !<'':'''' :;>,",r:, ':'s ;;'.,ppJ.).ec1 Mr. Edwards?
Yes, he said that he had
Nigeria and enrolled in
~~me
t,:, t~~ ~nitec1
States from
c~!le?e ~nd5~!ntually
got involved
23
I
,j
24
Edwards.
And
25
introduced him to Mr.
wh~n
his
u~~s w·~'
Edw~"~~
"-
~~~"
~~,,~
~o
Mig"ria his uncle
Ilim off as a client,Page 49 ••••;.:,:;:::~..'
"
.,
;
~
;QOl:.o;.,;;>..:-",::/,,·,·j \
:;>Ft.al"l~lY~:~:-"""~~'~'~'a:::t:-"$'":.=>:BI:ljji!ll.
_~.P1<~"""-"
•
'
--.
r
,
2
>
1297
,
~
an'd Mr. Agbe1e b'?gcm di.:;l:.r:,b':.':.'.::l'
,,
,
...
...1
'·'h~:':.~,h1roin
. ~l
41
Edwards at his G,.ry
~
..!
BALlY)
, '
1 •.
)
~
;r~:::j_cT~!!c~.
L'
.'.
3
Q
At Mr. Edwards' Gari
4
A
Both of them, sir.
5
Q
I'm sorry?
A
Both of ,his residences,
Q
1522 Taft Street and 460
!esidenc~i
)
6
7
.•..;,-
-
-.
"
Tc~ft
Pl?c:e?
.'
.
"'. A
Yes~
9
What did Mr. Agb'?le te],l ::-"'-' abo-:.t +:h", q'Hmtities 'of white
Q
.,
-
",
10
Ii
heroin he supplied to Mr.
t
A
I.
Aga~n
·1
•
~dwa=d:;i
•
...
L
...
\
'in",intE;!!views ·.w~ th M): _ 'Agb~l~" 'we had, two occasions
•
12
in October of 1991, ,.. two, occasion:;-+:o ·spe~k to him, two
13
interviewi, myself and
14
Mr. Edwards the benefit of
Sps~ial
• 1990, Mr: Agbele sold him
te~
-
o~.!!!c~.~
And then subsequent to +:hc.t
16
?~=+:uso,
the'do~~t, ~that
,,
15
A7snt
')!).
again giving
between 1989 and
of white heroin.
he distributed.to
17
Mr. Edwards another 180 gr-ams of whi':", her-oin in February
18
of 1990.
19
Q
The dates on which you inter'Tiswsd M=_ Agbele in October --
20
THE COURT:
21
THE WITNESS:
22
THE COURT:
23
MR. BELLA:
24
25
180
o'-,.!).c~:'?
No, 160
:=a~i
Q
do you know what those
wa-'
7
-Page 50 ,
•
"
"
1
:
A
Yes, october 4th anc1, ?l:h
Q
And during what pedo(1 of., ",i.ie,s "":.'"
':,
;>
0::
1
")")1
~
.a-'"f):I'
2
•
- , BALE·')
~
.;.l
to
"
"
3
;
,Edwards with thi:; ten
''f
•
A
5
",.'om,:'::;
,.;:
And this ten ounces of. whi !:£ he!:,:,i:! th::','t fir. Agbele
Q
source of that heroin'
supplied to Mr. Edwarc1s,
,
.\.: .",': ~ .. "
to Mr. Agbele?
"
7
9
Q
You indicated that hi:; un,:1e
.
".~
'.
NS=~ b~,:,!:
to Nigeria, is that
"
correct?
-, ,11
~'
'
""t ,
;I.,
:'
12
" .
-
,
Yes.'
,I .,..
...
And did he leave this-ten'Du~ci:; o~ hs!:oi~
.' A"
o
Q
"'-
,
to supply to Mr. Edwards?
13
A
14
Specifica1ly for distribul:io:! t':'
I
15
.
:
'
Hi s uncle'.
10
r
,
A
,
0
,
And then Mr. Agbele told
Q
.'
.
~=.
Edwards.
YQ'.~ t"'.2i: ',~, Psl:ln~ary
of 1'990 he
,
16
distributed an additional l.80 ",=,-,,::;-,:; of "'hite heroin to Mr.
17
Edwards, is that right?
18
A
Yes.
19
Q
Your understanding that ths t£c
20
was left with Mr. Agbele
21
Mr. Edwards at tJlat pcint in
22
A
h~d
7~n=£s
of white heroin that
al=eady been distributed to
~~.~~~
He had already gotten ':i,,=, 'If. ,:1,"'" .' .'. ~,;,'O'.J. ten, and then he
23
24
25
.'
"
~'
8
,
~~£ 'h·h:.t? h~roiri
Between 1989 and 1990.
6
,.' '<'!'
.
,
Q
secure another 1130 :rr'O',m:; -:--"
':~~-
And did Mr. Agbe.Le
;-~
desc,-!,~"
'-':i.",', h"':'J;,n.
"'.".', h'J"'
!1€
"as able to cornePage 51 l • ....~.
.
;"'~~:'::i=-:<~~~-',.~i!;":i~~';':"i"'~"':'~':>:'~~':':o:"'~;':'~~¥,*~';':'4;::";:;:i:;'~;"'.l.~:;"::::!:~;'';~;':';'~;
....·...t-:..:: ::;~~~:.~~"C"~r~~:'~,;>i' ,
.,
I
:
.,e
.
into possession of
,
Yes,'
he
had
..
..of.'
')
th~
, ",
indi~ated
-I"
•
'_~being' map e." to ,him; .~h."":
Cice ro 'Avenue near the Mic.>'c.~.'
i(
•
"
who had 'brought .in q'}.~nt:.i+:'5.,::,s .::-::: "1!,:j.~,=· ~!e!'oin
,
-<~:/. ~
"
>
,
,
J-.~. '," ~ ":.:
"
had the 180 grams
6
'.',
;
"to:
....
• " ."
~~ ~: ":'"
: '.
~dw~~ds
...~
~hat"
and·
-::
•
·r
'..
ne
•
had continued
.,?,;; •
.C.to make contact with him lookin2
". ,
- for additional
....•
':"
:l-.
?·... t...
.- v·
to' sell,: and that he "'me.d!2· th~ distribution. based on'\~
'"
..'
"".'.~..
I
, .
f
~nd the fact that·Mr.
.,
.
".
r
~,
Edwards was a .regular client cf !',is.
l
.~
~.
,.,
"
I
Agbele in
..
:3
"
.
hi~ prior d,e;alings wii:.h Mr::
,
10
"
-'.
::. -
;
-
".
"
ounces 'of 'white
•
·total'.distii!.l'.~ted.
fen
.to.
e
._
'.'
:f:'-~·.t
.
':_~'~""""'I
",
.-
~,
heroJ.n and an'~dditional l~O.~rami'cf white heroin t~ Mr.
;- ...
'''-~
.'
Edwards, 1s that correct?
13
,.
. "',
tha't's correct.
,
t-- ~
•
r
,
~
"'_~';",,~
"
•• ~.
.
.t
\if
,j
r·
."
~',... 1-"
;... .,
:_
~
tP!."
;t.,
15
And you indicated these distrib~~i~ns would be made' at >Mr.
16
Edwards' residences, is
17
18
~
21
Yes, sir.'
Q
Would Mr. Agbele visit Mr. Edward.s' residences to make the
deliveries?
A
what stuck out most iD. hii n~!.;c.~ '-'~.':.": ?:).<:'C'ma-U,y there was a
_ and he normally '",ou.ld.
23
Mr. Edwards or one of
24
house and meet hlm.
p,?::,~
h; ~
r
rssidence off 460 Taft,
doctor's office near .f'1,':
22
25
csr=sst?
A
19
20
th~t
?':
.. 'S'
.«
:'..= . :; office, and then
,~,":.::!:_.
p.
. "J'.' I cl
'10
!.nto the house
". -+Page 52 :.~~:".
~ ~ :to
I
........:'·.t..,.:;;);)~~~;,JN~~:,:;{"
.
~iol~~':'::i..'l~~:':':i~:';'~I~~':;~>::'~·~~'"
•
-.
-';"~~.:'".li'~~:'~~':;';';":":O~::U.~:':':~~""'.
,
BALr0 -
t'IB.J3C7.'
<
'.:~:~~J''''~:;~:-?~:i~~;:~'''-';:J.~'::~~~;::''->:Z~'''''::::.''';'~''':'
,~
Q
e"ei~ t~
Draw yout attention
•
.J'
•
•
..
j'. •
:. I:'
:..
•
.
,-
~hii
~
. '
l·
.
1300
.,
1
~~. :\:S:::::J.
~~e=t.
indicated that
.,,,
2
Abiodun Agbele distrib~~~c.,;=i=~~
3
white
to Mr.
. ,heroin'
,.
=:.;r',,~.::r·:~,".~.
::',-,
.. ,:
total of 283.5 grams,
A
Q
>.
,That'~'
i~
that
~c==~~t?
correct.'
And 180 grams of heroin d~!i'rs=s~ in ::~~ruery of 1990 and
· ':: ... ~ ~.:~!-:~... ~\.~ ..- ~
, '.
the total
of
the
180
qrams
?[ems
was
463.5
grams,
:.......:l.. '
...-,. .....~_... .,.....
is that coi:r~ct?
.r _
"
·
M'
'
.,.
..
A
Yes.
Q
Now, did you also have
A
,
Yes.
Q
Prior to his arrest?
A
Yes, we did.
15
Q
And can you tell us how th~~ .C~~~ ~~out?
16
A
On November 20, 1990 coop",::;;>.tir.,? '.ndividua1, an individual
•
..
,
.
,
.
I
oc~~~i~n ~?
maks a controlled
.,
>.
k
17
that Mr. Edwards was controlling end directing in the drug
18
trafficking, 'agreed to make e
19
And in fact made phone
20
completed a transaction
21
white heroin at McDonald'~ ~S~~"~=~n~
22
Hammond, Indiana,
con~2ct ~i~~
f~!:
th~
heroin was purch.;\sed £':J:
24
Q
And what was that date
~ ...•":\'
~g~in
~
purchase for us.
Mr. Agbele, and in fact
O~=~h0~~
•••••
On that particula=
23
25
con~[ollsd
?D
_ •••• i- .. ~
of one ounce of
Kennedy Avenue in
._.-
O!1(:'
ounce ofPage 53 ,
•
-
.
"
1
2
,
-,
A
November 20 of 1990.
Q
•
Was that ounce
•
~.
.'
,
'
£-:..:' ~·:!~.J.:-;.:5.~?
3
4
'.
,-
..
...;:.:..
: .).'.,:
..
tr-~t
~~~2~~i~?
5
Q
And what was the resu2t of
6
A
7
Q
of 50 pe rcent.
It 'was found to contain h~=Qin ~~ ~
~t .:i'.
',.:: :.
.Drawing
your
attention
b~ck t~ t~s ch~rt. did that
,'.
- ' . ..
...., .
'.
~
8
controlled
9
.
~urchase
~n
give you
'
ide~
of the percentage of
percentage purity of heroin M=. Agbe2e was selling?
10
A
Yes.
11
Q
And.you said it was 50
12
A
Yes.
13
Q
Drawing your attention
~.
to
t~e
ch~rt
just a moment, Your Honor_ .
14
. 15
16
b~c~
THE COURT:
Q
You
sm~12er
If I may refer to a
.
m~y.
ue=~ion
Yo~
Your Honor,
"
of this, I don't think
.2re~dy
testified that
17
it got blown up on the chart.
18
the total of heroin that Mr. Agbele testified to or said
19
that he delivered to Mr. Ec\"?.=c.s
20
right?
21
A
Yes, sir.
22
Q
And at a 50 percent pur!,'::'.'
grams of pure heroin,
!.53.5 grams, is that
'::~i:.': ···~·:lc. tr"'.n~late
-
23
.,'~.~
-
~s
24
A
That's correct.
25
Q
Now, if we may P'lt those
~~:~~
,:",:~.J,z.
-
..
into 232
::r=-=
.;.. ":
':Y,'ether. your. previous
.=Page 54 ;
•
..
.....
•
~
--::.:
....
, . 1302
.-
'Raymon~ ~~~ii
1
testimony was that the
2
pur.ity translated to 2,J.3" q::~.C1.:' .... r-
3
~gbe1e
4
translates into 232 gr~.m", "f 9',~:r:s '-,~,-'J5,n, C'.nd- that the
5
total of pure heroin wa", then
6
.... .,..,
-
.
~
j
~~
heroin.at 50
2,~5:
1
.... .
he:r:o'in, and,the
.
~O
~
.to
per~ent
,
purity
?,-ams, is that right?
Yes, sir.
A
"f' •
r~view the~s
",'Q
Have you had occasion to
8
and do those appear to be
acc~=ate·to
9
A
That is correct.
10
Q
Now, we have -- from Raymond Dav5,:o
11
'.
calculations before
you?
~.z:c1.
...
..
Abiodun Agbe1e an
equiva1ent,of ~,362·.gram:o af p~=s.h,,-oi~·comin~ into the
'.
•
12
-.
would'Lee ~dwards'turn around
possession of Lee Edwards.
",.
13
and sell that pure heroin on the
or would he do
14
something to the heroin before selling it?
~t=eet
"
15
A
16
out on the street as he
17
by informant information, as
18
conversations on the telephone,
19
was not ready yet to bg
20
Q
22
pu!:ch~ssd
wel~
_that he would
.to C'.'.t
W~.:o
was also introdu':ed ir!
24
cut the heroin,
is
Yes, as well as
paraphs~n~:.i·'
25
A
And that's backed up
,
,
ai some .of the
~~'J~t
that the heroin
~--/
':>r.'. ·.·:.::'.C~
cc"
Mr. Edwards using a
e-'2'" 5.ntroduced in evidence
l:~:=·,:,,'..:~·
23
th~,t
it.
di~:tri~~~s~
( think 5, t
us'~
he would never put it
i=eica~ing
And there was testimony at t:r:ial
coffee grinder,
21
-,,'•
heroi~:
No, he would always cut the
!
iI. To
':h5_!'.k some lactose
_
Ed.WCl.r.ds used to
=s·;~. ~
.
·.~t~in9
the paper,
thePage 55 ~~~: '~'~~'
~~C~:~".;:~?:':'~;·~::~.;'i'····"';i?.}i..."·.. ~"t::::.::.;:;:;s:::";:, l.:~~'f~~
,
. .;
•
,3"\
.;
aluminum £oi1 and
1
;i¥'
t •
2
..
,
~ ~
Pettigre~
3
'6
.f~
making a
".
well about the
se~is~
~
~)t'.
•
../"
~."
..' .. £
••
'-
,
~~n~7cI~s~
"
h~roin
Edwards during those
t
""' ...:
.
,
~
•
1303
." - .','
~ha~ ~~,
.
.
~~~~i?~S'd
contr~ll~d
analysi~: ..
is
-
bought from Mr.
b',\::s, bei,ng submi tted to the
~~~t
...
C0~rect?
'.
That is correct.
And would that analysis show the
Q
.
buys 0f heroin ,from
1 4.
'
DEA laboratory.for
9
!( ....
Now, there was also tE:s"::'.:'!'('!".~.-~ ~f: .·::~~.~.1 ~b01.1.t a
Q
5
f.'"
•
varic~~
,
4
::;'1
.
:
appro~imate
percentages of
"
10
purity of heroin that Mr,
r
.. 11
A.
12
r-
13
. >.
~
Q
>
was selling on the
Edw~"~3
street?
Yes, sir.
....
Do you have
befo~e
YOQ a
14
summary of those lab
15
the quantities purchased
16
heroin purchased?
s~ri~s
cf
~h0S~
rep0r~s in~~~ating
,
,
A
Yes.
18
Q
And can you tell us what those were?
19
A
Yes, on March 23 of 1??0 a
grams was made; it was
21
Laboratory and
22
percent.
analyze~
the purchase dates,
'
~~~ti?rew
,17
20
lab reports and a
=on~r~~led
sub~i~ted t~
and the purity of
purchase of 11.6
the DEA North Central
': ('~. i: =: .:. n. h. 'S :: ':' :T.!'!. :'.....11. pu r i t Y 0 f
4. 7
23
24
were purchased, 0ne
25
5.7 grams.
: ...
~irams,
the other in
•
.Page 56 'r
:"1l:r.,p~ ..:;r..t":~~':J"'\.f:i~;':>"'~"._V;~"~"'~C"-:"~~"jr.~:o...:x.:;:Jt.:;:..:\:":1:'.~·:'-?~~W';'~~i;·!~·l06:":J:J~:i;l:;
.;..... ;.t>;:~~~:-~:el'::~~~~
<.
.
"
4IIIl
•
~
4·
•
.::~.
~
,.
. BALr~0' .',
;t:"·~~
.
·1·
.,
!'r f.. ~C7.'
1304
...
analyzed to
~.:
central
Laborato~y
in
C~i~~?~
,I~~i~~i&
and
,
"'.
,,'
4.8 and 4. 7
•
percl~nt
be
,
.~,
Itt
P."!:';
:
. On June 1.1 of
~d.'J".r.C'.& ~.~
were purchsed from Mr,
and it was submitted t':'
"
l:.h~:
.
'. .
.~
,';
.:-~
.'
::~nl:.!:oI1ed
1)El'. )T.~.:,:~-
and analyzed to contain hSl'oin.
'.
?
i~.
.. l. , ~. \
purchase, '
'-",ntr<'.J, Laboratory'
? ..D~=c~nt purity.
~
I·
•
14._1 grams of
On September 5 of
heroin were. purchased from Mr. 5d w arc.& in a controlled
,
purchase.
It was
submitt~~:. t~
!~01:th
!.'E,"-
Central Laboratory
"
he~,:,i~ i~
and analyzed to contain
On October 10 of 1990
heroin from Mr. Edwards in
grams and the other 1
~
psrcent purity.'
tw~ ~~hibits
contr~llec.
gra~
~he~ w~=s
were
purchas~d
of
purchases, one 85.8
both submitted to
the DEA North Central L?bo:~?to=:.- ~.:o. Chicago; the first
14
1."-
1
. ,
15
exhibit·ofB5.~ grams'was ~~alyz;~ to be 4 percent pure ~nd
16
contained heroin.
17
percent pure,
18
Q
oth~r
Just? m!.r!'J.ts. ::o'.'.r..&eJ..
20
purchase, which ,..,as 11.0
21
date was that?
22
THE WITNESS:
23
THE COURT:
24
MR. BELLA:
25
Q
one contained heroin 47
The
THE COURT:
19
The
I notice that the
:;~:2.m::
June
11':h
.
f j..,:si:.
.:;'
.. ,
The third
-:'!:.-:s,; :;,,:!",,:cznt pure, what
~~ -
1??0.
_. - =
=
heruin purchased,Page 57 ..
~:-:~:,:~~-:~~::~:,:r.t~ ~;,::;::;;:~:.:o=.::~'l:':':':':";'~':~~::>~:~';::;::;:; :.:.:::.: :':':'::'t;::':':-~:':':':'~:;:-~::;:~~:~;:;'~";"';';';";:;:~;~~':;;~;:::;:'::';:;:~:~:!':«;'C:':l:':-':'~':'~':':'~:>:
.,
#:
l
BALBI')
,.--..
i
1
I
of them on one
.tWQ
2
dat~.
five percent pud,ty.
':"T~r.r"'j"
~,"""..,I _._
.'
[
j
.•
f·''':'~. T..,~' ·~.)t·-~.::d~,;J
A."'.G t:ho;::o
stands
out,of
. . one
gr~m o~
attempted to
been
one
':~o;:,-o;:':;:
-
3
were
"
~
.~.
To
.~ ~S~ '~;'': p~rity:
.
4
-5
1'~
,.
..;: .:':' ...• ,.
. ..
A •
6
-7
8
I
9
~
Yes.
f~r
A
I.
~
•.
If you notice,
"
as I indicated, it
11
,
.
Q
.....
.....,.
K"
Okay.'
that was for $600.
.
"
':c':@~
.
of 11.5 grams purchased
... on Ap ri I 23,' 1990; wha t W~,[; t!:'.s t,~,:~,~,
MR. BELLA:
A
18
. ..
"
11.5 or 1'..5?'11 point
March 23 was 11.6.
On April 23 there were' two separate;"
and they would be totalling 11,5
MR. BELLA:
19
Q
I'm referring to April
~3r'~'
':h~r~ -o;:=~
two separate
packets.
21
22
. = _ THE COURT:
23
MR. BELLA:
25
An~
r'
16
24
?r~~
April 23, 1990; you sc,ia, th~rs 'vsre t"l'Q packets ~f hero{n,
-THE , COURT:
20
ono;:
Let's 'draw your c,tte:ltio:o ":6 th" purchases made on
15
17
w~s
5.8 grams and 5.7 gram:;: fc,- a
13
.14
,)
l@:;:t purchase?
~Y9s ~~'q~ant~ty.
would be charged for that
10
,
':~~~
Yes, sir"it was a 1ittlo;: bit hi7hsr than what normally-
•
f ......." ~
that last' one?
~dw~rd:;:,
-~-
"
.
,
."
""
,
~
\,i
•
me~~'
Q ,',And was extra money paid
~.
.~
hav~
Q
5.8 grams and 5.'7 grams
on that particul,H
Oi.',tS.
£~.,
!
".''', .. ''
........
?
. . :~.(
~~tal
':'.f)t~.l
of 11.5 grams
purchase price
~Page 58 ...
.... BALB0 -
.
•
,nTrr.-'_..
1306
•
paid for that?
,,
'
~."
..
A
$1,000.
Q
So a thousand dolle-.r" f-:::
A
Yes.
Q
And for just the one
.-.'. ,
:::
',::" ;z
~,
'.'
':he-. t date?
~:r
"
';
,
~-:1' ".
•
A,
Yes.
Q
And bn June 11 there waa aooths=
A
Q
.r
is
sl~vsn
r:::
:;::-1.':';.
grams'purchased;
~:!-?t?
;'
"
~~g~~=~
A
Correct ..
Q
You testified that you bs Cc:!n:?
.
.
~.
'.
investigation, did you
becom~
w5. th the
:: 2.!:'.i J. :L c. r
"
fa!=:d25.ar with the phone calls
,
16
that were purchased -- tha': were mads to Lee Edwards or to
'17
.)
. :5600 was paid,
So th'e purchase price ps= ",-an ':c: ':l~.~ one gro.m of more
pure'~eroin was quite a b i
.'
(\
$1,000.
"
15
'.
II' "I.;":..:
"
what was the total pu!'ch?sc:~
14
~-:i:"!:'s~
',!!
',that right? "
. A
.
?r~.~.
th~
18
and
19
sell?
A
Yes, sir.
21
Q
And what kind of
22
A
It was correct that
quantiti~=:
ws=s
~~O
bags of heroin
E::"'-,~·--:·.::'_~Z
w~"
purchasing small
:!~
24
and boy and girl, bercjn.
'.,::':~~-"
t~at " "
':h?t would calIon the
==
phone would be purcha"in?
And so would you say
~~0S2?
n0':~.;..),:,::'~"':'-').·,
23
Q
Title III wiretap
kinds of quanti':!s!' that Les Edwards would usually
20
25
':h~
his residences during the period of
~~~~
•Page 59 .·1307
.
,
,
j,
,
quantities in a 'high vol{1!!',~'
,,
th~_!!
.,
•i
,
.
'-
And these $10, $20 ba9
,
-.
':1. •• _ • •" -:- _ ••
~
"f
l-,'':'1'''~in that would be
~
"'.
sold on the 'street, in the
co,<"~~rs'? Qf yO\.1,r
DEA agent have you come
hav~
as'to what the usual
.....
'
~o
~~
experience.
Exp~!'tise
a~
a
or knowledge
.ou1"ity
..'
. of heroin in those
str~et lev~l
'.
,',
~e?
" small quantities would
A
s....;
".~,,::o:.,J-;
l
.: .....
large quantitiesi
That's exactly correct,
A
Q
."
,
"In my experience as a
~n:':Q::r:e:1\e'-lt
J.e',W
'offi.cet working
"
narcotics for .!lver 12
y~?!''''
..~. ': .
v~-::7
;0
common on the
street, exhibits purchased b~ m?self 01" controlled
•
"
.purchases
made.to be ", analy"Ec
on ':h~ st1"eet it would
'"
r
t
....
consistently be perc~n~age:; 0:: 1'03,,' ,than ten percent on a
regular basis ..
.'
,
And these pe,rcent'age of he::o!.r..
Q
.
~
.
few, portions of a
:::dw.::'.r.ds,
that Mr.
• I,'
~
Edwards was selling
~1:?":
/'
percent~ge
your expectations of whal:
...,'" I •
give or take a
aro~nd
pQin~,
"o'~ld
would that match. with
bE sold on the 'street?
A
That's consistent with my ,:xpe::!,E:1Se,
Q
And is it also consistent wil:h <:he intelligence information
you received about the
A
S~wa1"ds
was selling?
he1"~ir..
M::,
c :.'!"."::·'-
~
_... :' ",r:'.'
."-.bi.ochm Agbele
~~.
'o::Q~n
of 2,362 grams
Yes, sir.
established that frQ!1'.
P
there was the equivalEnt
~.,
going to Lee Edwards
h'~
an~
~'
~:?ff'sking
organization.Page 60 ~.,~:,.,. ~~: '''::-~~''l7:'':''':;;:::~:"'~:"'"':!::;'<' ,,:,,0;"=';;. ·:",;;",t',',(,;:;::o::,,,,,,,,,: ,,,;;;,,,'.
I"
".,.' :~,' <'":".""-: <'''''''''':''''''''~'''''i'P..~'''i<'
0
'.
I
.:.
:''''2;''_:'$:{~'~:''~·""",~",-",>,·,W:::'''''"'''!.~'"3
•
.
0'
BALJ:·0 ..:. r 1 !!'.:::S:r
... ..
,._.,
tha t wouJ. e1. bo;. 1')"
At a five
1
O' ' ' ' '
;-'.
~
.:
..-,,,,~,,,,\~_LpurCl
- -... -- ... - heroin to
achieve
2
to give Mr.
Edw~rds
~~~
bs~s£it
,
<
be acc;:urate!:o multiply
4
th~~t
of the doubt,
....'
b-:- -n
would it'"
,
t~
receive a five
.
percent mixture of
5
.t·
~ ','
'
"
and assume a fi v~ pe '(cs~~ .... ,.:.::J-.'.1. -:' , ~:,:p_l.~:d ~b.'a·t
3
.'
~
-,
,
her0i~7
sir.
6
A
Yes,
7
Q '
And that would then
.,
transl~te in~~
47,240 grams or in
8
excess of 47 kilos of hero:.n so'le' 'b:: Mr. Edwa'rds on the
9
street at a five percent
Edwards the benefit of
10
A
Yes, sir.
12
Q
And again you have
-.
A
17
do~~~.
~s
~gain
giving Mr.
that correct?
e~a.min'2,:l
the::;r;.
fi:r'_~!'es
and find that
Yes, I have.
•
..
Counsel, :. f. X-ou :1'_13": wC'.nt to mark it on
"
16
th~
~n~
these were calculated ac ct.'.!:' 2'. t e 1. :-:-?
13
15
m~.~~urs
,.
11
14
THE COURT:
the exhibit.
MR. BELLA:
Your
Hono~,
at this point I move to admit
18
as exhibits Government
19
by eleven representation of th. ste=t that was used for
20
Special Agent Balbo's
21
Exhibit B, being a
E~h:bit
A,
tsst:~~n:.
s~~~e,-~
~f
t~s
b~ing
e~~
an eight and a half
~1~0
Sovernment
s~~t,-011~d
purchases made
22
23
MR. JACKSON:
24
THE COURT:
25
'
(';over!"..n\';n~ ":;::.":..·'''t !.T.:.~.':"'):::; .1\ and B were
ar]rni tte:c' in1o.Q ~·r~.r;_er·.-:€Page 61 .1309
'
"
.. -
....
'"
1
i
..
2
,
THE COURT:
, 4
.
~,,,
..
5
-'
/.
I .
)..\
I f :':
.
t..,i tness',
-'.~
May.
. in 'evidence, does that 2CC','.!:<;'.te!.·' ::sf!"sct the dates, '.
";"';
~.
8
"
I show you Government s;:h.:.bi t S. '''bJch has been introduced
Q
6
7
,.
" _ Hortor:
3
",:;: .'
~"
MR. BELLA:
..
- .. ,
...
...
:J.~.
'~_
".
"amounts of q~antities purchassd. 2n~ psrcentages of purity
,
,'
"
of heroin purchased fro!!:!, M::. :::6."'2 =:'.2' •. <;'.nd wi th the
-' ,
exception 'of
l!
....
.;;
9
','
'
.
;"
,
., the ve'ry
whsre
the
.,
"
10
no amount shown, the correct
11
purchases?
2~~~n~c.
there is
paid for all those
t,
12
A
Yes, sir,
it does.
,
13
Q
And I believe at the tri<;,,2. of ':':::.s !!'.<;'.tter there was
.
testi~ony
14
regarding
e~ch
and evsry one of those controlled
,
"
15
purchases and the amounts pai(; inc!..uding the very first
16
purchase as well, is that correct?
17
A
Yes,' there was.
18
Q
If I may submit this, 'Your Bonar.
r
~pecial
Agent Balbo,
19
would you say that -- yo"
':est!.f:,sc' th<;,.t you asked Raymond
20
Davis and Abiodun Agbe!.s t:' ':os 'Os:".s··'!:?t ,:onzerative in
21
~
22
i
Edwards, is that r!.ght?
~--_--
23
A
Yes, they did.
24
Q
In addition to thoz'? t"":, s···:':cs
., ."
:;nr:r}).y,
are you aware
./
25
of other sources of s'-',r.,l:,.-
_.r.
.:J. ..... " , -
~~
.'1r. Ec1wa.rds?
..Page 62 . :': :l
~ :;~~., ~:.~~
~,
'~:".
.'
,
,
I
"
,
-'I
,
.
~',
'
: ;
i
1
•
~'·;/C.:,'::~:':;;:;:I;;:;:-':~':':'~:i~~~:::~'-:':i~:·:::'·:' :,.:;':1:,;:,::'::::::1:'" .:,::. ::'::::;~:': ::::'~~':?J:;:.~;:i:::.:.'::'::::;ii':::·:'::· .~. ::"':-::~~:~:':,}~,}",::!:::~~\::(.~.::::.:".,::;>::: -::t:r.:~
,
:.:;';":":'; :;:':;. '..-..; :.;'ii;;:..~·:.. ~.•.:;,t~~::.i.~
"
1310
BALE,l')
- 1
A
Yes.
I
•
2
Q
And was there also an
.
3
1
I
,/"
,
•I
,
~
4
5.::l~':··i':.·.'?,l '~~.
-.
A
"
Yes, sir.
"
•: ......
Q
6
-'.;',
~."
n:>.rne of Raymond
Burrell who was indicted alan? -;th Mr. Edwards?
,
5
t'.~~
And does your
informat~.o!J
source of. supply to Mr.
7
A
8
Q
,.
:.n0.i-:?.':::
~:!:.:;d:
h.~
WC'.$
also a
Edlo'~:=c:::?
That's correct.
'.was there' even in fact e. !!'.~!et.~.r:,? ~~",:w,='::n .M!'. 'Burrell and
.
.
per\o~ c~
Mr. Edwards during the
10
where conversations betwee" Mr.
11
were intercepted and where
~~s
Title III wiretap
~'lrr:J.J.
?nd Mr. Edwards
.'
'.
12
.'
.
}
observed to be
mee~ing
an
Mr~., ·:S·.,r'~ell was actually
.
c~ssoci~.te
,
of Mr_ Edwards to make
a delivery?
13
14
A
That's correct.
15
Q
That meeting that was
16
observe~
b:' zurveillance agents, that
was not a controlled buy, I take it, is that correct?
17
"'A
18
Q
No, it was Just observed by surveillance units.
So you were unable to come intc pas~:zzion or did not come
into possession of that
19
qu~ntit? ~f
~Erain
to be able to
20
that Mr. Burrell delivsreo:l to
21
)
22
A
No, we did not.
23
Q
In any event, you're ?W?re
24
heroin to Mr. Ed"arc1s
25
in these calculations?
t!',".',t,
~',:-,
:;-:,··';>,r~lz.
~~~~r ~0~rces
:>::,
-.~'"
a"an
5.s that right?
of supply of
':::"ken into accountPage 63 BALBO -
J
1311
CRC'SS
"
1
MR. JACKSON:
2
THE COURT:
3
THE WITNESS:
4
A
5
.,
Overruled
Yes, there are other sources tha~ ar:s not taken into
Q
Would you say that these totals ar:s somewhat conservative,
the totals as to the
9
Mr. Edwards over the perio0
10
amDU~~ o~
s~r~et
~f
ti~s
level heroin dealt by
th~t'we
have talked
about?
A
~=.
I believe that these totals givs
Edwards the benefit of
\
12
,,'
"
C
MR, BELLA:
8
11
Your Honor.
~e!evancy.
account in these totals.
6
7
Objectio~.
.
the doubt in all cases.
13
MR. BELLA:
Thank you, sir.
14
THE COURT:
Cross.
15
MR. JACKSON:
Thank
YO'~.
r have nothing further.
Y~·.:r:
!ione r: •
CROSS EXAM:HT,i,,:,:rOlJ
16
B~~
17
18
MR. JACK30N:
Q
yo~
Mr. Balbo, at what time did
and
a:l~
20
A
I believe it was between nins
21
Q
That was Y,our testimon:{ a,r, t·:i?,:.7
22
A
I believe it was. yes.
23
Q
Now, you executed a
.~....y5
""-0._0'
-- the other
agents execute the warrant O:l !!::-. Ed','a,rds' residence?
19
24
?D~r
w~rr~~f:,
wa.~
1" a.m ..
~~i~
Yo1.~r
surprise warrant or
?our knowledge have
did you have -- or did Mr
irny advance notice of
~
serv!,~?
this warrant?Page 64 "
•
•
SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT
OF GOVERNMENT'S SENTENCING MEMORANDUM
FILED WITH THE COURT
IN CONNECTION WITH LEE ANDREW EDWARDS' SENTENCING HEARING
•Page 65 •
~
I
•
•
..
/P,'
admitted to his quilt.
report
indicates,
magnitude
of
drugs
"The
Even now, paragraph 11 of the presentenc€the
defendant
he
involved and
played
in
the
The jury convicted Edwards of
maintaining
criminal
a
enterprise,
which
Edwards
Edwards is not entitled to an adjustment
of responsibility.
xx.
XS the amount of heroin used for guidelines calculations
supported by the evidence.
Evidence presented both at trial and at the evidentiary
sentencing hearing held May 5, 1994 support the amount of heroin
used for guidelines calculations in the presentence report.
DEA Special Agent Vincent Balbo testified at the sentencing
hearing that Raymond Davis and Abiodun Agbele were sources of
supply of heroin to Lee Edwards.
Special
Agent
Balbo
testified
that
Raymond
Davis
was
,I'
interviewed
on Auqust
19,
1992.
Davis
had
pl~d
guilty
to
conspiracy to distribute heroin, and had agreed to cooperate with
the government.
Davis said that he was a source of supply of heroin to Lee
Edwards since 1988.
Edwards or one of his workers would come to
Davis' residence and pick up ounce quantities of heroin, that would
normally cost about $6,500, for which they would pay cash.
On a
regular basis, Edwarc;1s' workers would travel to Davis I chicago
residence at least twice a week to purchase black tar heroin.
Usually, Edwards or his workers
~ould
drive Edwards' Ford pick up
'\
truck.
Davis said that over a two year period he supplied Edwards
·12Page 66 ."
t
••
,..
..
I
•
with approximately 6 kilograms of black tar heroin.
Davis said he
. also supplied Edwards with 3 ounces of white heroin for $6,700 per
ounce paid in cash.
Special Agent Balbo testified that physical
surveillance and intercepted telephone conversations corroborated
Davis '. information.
The
amount
of
heroin delivered
by
Davis
to
Edwards
is
summarized as follows:
=
=
kilos of black tar heroin
oz. of white heroin x 28.35 g./oz.
TOTAL
Spe~ial
6,000 grams
85 grams
6,085 grams
Agent Balbo also testified regarding the purity of the
heroin being supplied by Davis.
Special Agent Balbo testified that
on September 14, 1990, cooperatinq individual Jimmy Edwards, in
cooperation with the DEA, made a purchase of heroin from Davis •
•1
The cooperating individual purchased 24.4 grams of heroin for
$6,700.
A DEA laboratory tested the heroin, and found it to be 35%
pure.
If one were to calculate the quantity of pure heroin in the
quantities that Davis sold to Lee Edwards, one would engage in the
following calculation:
kilos of black tar heroin
oz. of white h~in x 28.35 g./oz.
=
=
6,000 grams
8$ grams
6,08S grams
TOTAL
x 35 ~
Davis heroin is 35~ pure
TOTAL OF PURE HEROIN
.
13
2,130 gramsPage 67 ••
'
•
....
••
Special Agent Balbo testified that Abiodun Agbele also pled
quilty to conspiracy to distribute heroin, and that Agbele also
agreed to cooperate with the government.
Special Agent Balbo
testified that Agbele was:interviewed on October 4 and October 9,
1991.
Agbele said that he was a source of supply of white heroin to
Lee Edwards.
Agbele said that his uncle'from Nigeria who had been
living in this country was about to return to Nigeria, and that his
uncle provided Agbele with a supply of heroin to sell to Edwards.
Agbele said that between 1989 and January, 1990, Agbele sold 10 oz.
of white heroin to Edwards.
180 grams
Aqbele obtained a resupply of another
of heroin from a courier who Agbele understood had
brought the heroin into this country from Nigeria,
and Agbele
delivered this additional amount of ,heroin to Edwards in February,
1990.
oz. of white heroin x 28.35 g./oz.
=
180 g. of heroin delivered in Feb., 1990 =
180 grams
463.5 grams
TOTAL
Special Agent Balbo also
283.5 grams
testi~ied
reqardinq the purity of the
heroin being supplied by Agbele.· Special Agent Balbo testified
that on November 20, 1990,' cooperating individual Jimmy Edwards, in
cooperation with the DEA, made a purchase of white heroin from
Agbele.
The cooperat.lng individual purchaseQ 25.87 grams of heroin
for $7,000.
50% pure.
A DEA laboratory tested the heroin, and found it to be
'Il
'\
14
cPage 68 •
•
".
If one were to
cal~ulate
the quantity of pure heroin in the
quantities that Davis sold to Lee Edwards, one would engage in the
following calculation:
oz. of white heroin x 28.35 g./oz
=
180 g. of heroin delivered in Feb., 1990 =
283.5 grams "
180 grams
463.5 grams
TOTAL
Agbele heroin is 50 % pure
x SO %
TOTAL OF PURE HEROIN
Special
A~ent
232 grams
Balbo also testified regarding the purity of the
heroin being sold by Lee Edwards at street level.
trial
established that
cooperating
individual
Testimony at
and
government
witness Walter Pettigrew made a series of six controlled purchases
of
narcotics
Pettigrew
...
from Lee
were
Edwards.
introduced
into
. The
narcotics
evidence
at
purchased by
trial,
and
DEA
laboratory analyst Sanford Angelos testified at trial regarding his
analysis of the narcotics purchased.
At the sentencing hearing,
Special Agent Balbo summarized the evidence regarding the narcotics
purchased by Pettigrew.
relevant
facts
The
following
of the purchases made
chart
summarizes the
by Pettigrew
from
Lee
Edwards 2 :
ZIn addition to the purchases of heroin made from Lee Edwards
by Walter Pettigrew, there were also two purchases of cocaine: On
9/1/90,·2.6 grams of ~ocaine of a purity of 87% purchased for $250,
and on 9/5/90', 20.5 grams of cocaine of a purity of 83% purchased
for $1,800. The evidence indicated that Walter Pettigrew purchased
cocaine tram Edwards in addition to heroin; and the tape recordings
of "intercepted telephone convers~tio~s introduced. into .ev.idence
indicated that Lee Edwards was sellJ.ng cocaine J.n addJ.t1.on to
heroin. However, the guidelines calculations discussed here only
15
CPage 69 .....
I
••
...
•
•
PURCHASES OF HEROIN FROM LEE EDWARDS BY WALTER PETTIGREW:'
Date
Amount
Substance
Purity
3123190
11.6 g.
heroin
4.7 %
4/23/90
5.8 g.
5.7 g.
heroin
n
4.8 %
4.7 %
S 1,000
(for both)
6/11190
11.0 g.
heroin
3.0 %
$ 1,000
9/5/90
14.1 g.
heroin
1.2 %
$
10/10/90
85.8 g.
1.0 g.
heroin
4.0 %
47.0 %
n
n
Special
Agent
II
Balbo
testified' that
after
Price
$
SOO
700
$ 5,400
$ 600
Edwards
would
purchase supplies of heroin from Edwards' suppliers, Edwards would
"cut" the heroin, or mix it with other substances to increase the
quantity of heroin available for sale.
As a reSUlt, the purity of
the heroin sold by Edwards would be ¢lecreased.
Special Agent Balbo
take into account the street level quantity of heroin attributable
to Lee Edwards, for the reason that the majority of the evidence
from which calculations of quantity may be made involved heroin,
and the government believes the quantity of cocaine attributable to
Edwards based upon the evidence would not be large enough to affect
~he guideline calculations.
3A trial transcript has already been prepared. Pettigrew's
trial testimony reqardinq the purchases on the various dates
referred to in this char~ appear at the foll~winq locations in the
trial transcript:
3/23/90, pp. 339-44; 4/23/90, pp. 344-48;
6/11/90, pp. 348-52; 9/5/90, pp. 352-58 (this purchase was the
consummation of a partial purchase made on 9/1/90); 10/10/90, pp.
358-71.
Sanford Angelos was the DEA laboratory chemist who
testified regarding his examination of the heroin purchased by
Pettigrew from Edward~, inclUding the identity of the substance as
heroin, the weight of the substance purchased, and the relative
purity of the heroin. Mr. Angelos' testimony regarding tne heroin
purchased on the various dates referred to in this chart appear at
the following locations in the trial transcript: 3/23/90, pp. 56571; , 4/23/90, pp. 571-72, 580-8l,~\ 583-84;
9/5/90, pp. 585-86; 10/10/90, pp. 588-90.
-, -16
6/11/90,
pp.
582-83;Page 70 .. ..,..
-.
.. ".'..
testified that the
•
abov~
purchases were typical concentration of
the heroin sold by the Edwards organization.
Assuming an average
concentration of the heroin sold by Edwards of 5% would be generous
towards Edwards, in that .his heroin often was
concentration.
o~
an even lesser
An examination of the Pettigrew purchases listed'
above reveals that the purity of the Edwards heroin generally
rang~d
from 3% to 5%.
There was one purchase,
the one-gram
purchase made on October 10, 1990, where the purity was higher.
Special Agent Balbo testified that was a special purchase for which
Pettigrew paid a substantially higher sum,
and was a rarity.
Special Agent Balbo' s testimony was corroborated by the intercepted
telephone conversations introduced into evidence at trial, which
uniformly indicated that Edwards was selling small, inexpensive
amounts of heroin.
of the doubt,
."
It is safe, and.even gives Edwards the benefit
to assume that Edwards was selling heroin at a
concentration of 5%
I'
Given the amounts of heroin supplied to Edwards by Davis and
Agbele as set forth above, and given the concentrations of the
heroin sold by ,those suppliers,
one is able to determine the
quantity of pure heroin' contained in the supply that Edwards
obtained.
That
calculation
of
the
amount
of
pure
heroin
attributaDle to Edwards from his sources of supply has already been
set forth above.
In order to turn pure heroin into a mixture at a
concentration of 5%, 'one would have to cut pure hetoin 20 times.
(cutting pure heroin 20 times would mean that 1/20th, or 5%, of the
heroin was pure.)
Given the
5~
17
concentration of heroin thatPage 71 '?
..
•
•
..
• .,;
Edwards'was selling, one can determine the weight of the heroin
. that Edwards actually sold by taking the pure heroin attributable
to Edwards from,his
by 20.
sou~ces
of supply, and multiplying that amount
The result would accurately approximate the amount of
heroin sold by Edwards as a result of the heroin supplied to·
Edwards by Davis and Agbele.
The calculations in their entirety
are shown below:
CALCULATION OF STREET LEVEL HEROIN ATIRmUTABLE TO LEE EDWARDS
RAYMOND DAVIS
kilos of black tar heroin
oz. of white heroin x 28.35 g./oz.
=
6,000 grams
85 grams
=
6,085 grams
TOTAL
x 35 %
Davis heroin is 35% pure
. TOTAL OF DAVIS PURE HEROIN
2,130 grams
ABIODUN AGBELE
.,'
oz. of white heroin x 28.35 g./oz
180 g. ~f heroin delivered in Feb., 1990
TOTAL
=
=
283.5 grams
180 grams
463.5 grams
x 50
Agbele heroin is 50% pure
TOTAL OF AGBELE PURE HEROIN
%
232 grams
PURE HEROIN TOTALS
DAVIS pure heroin
AGBELE pure heroin
2,130 grams
232 grams
TOTAL OF PURE HEROIN
2,362 grams
Multiply total of pure heroin by 20
to obtain a 5% mixture of heroin
2,362 grams
x20
TOTAL AttRIBUTABLE TO LEE EDWARDS
'fl
1\
18
47,240 grams - or 47 kilos
cPage 72 ~
•
•
., ..,.'..
'.
Edwards'was selling, one can determine the weight of the heroin
, that Edwards actually sold by taking the pure heroin attributable
to Edwards from,his
by 20.
sou~ces
of supply, and mUltiplying that amount
The result would accurately approximate the amount of
heroin sold by Edwards as a result of the heroin supplied to'
Edwards by Davis and Agbele.
The calculations in their entirety
are shown below:
CALCULATION OF STREET LEVEL HEROIN ATTRmUTABLE TO LEE EDWARDS
RAYMOND DAVIS
kilos of black tar heroin
oz. of white heroin x 28.35 g./oz.
=
=
6,000 grams
85 grams
6,085 grams
TOTAL
Davis heroin is 35% pure
x 35 %
. TOTAL OF DAVIS PURE HEROIN
2,130 grams
ABIODUN AGBELE
.,'
oz. of white heroin x 28.35 g./oz
180 g. ~f heroin delivered in Feb., 1990
TOTAL
=
=
283.5 grams
180 grams
463.5 grams
Agbele heroin is 50% pure
x 50 %
TOTAL OF AGBELE PURE HEROIN
232 grams
PURE HEROIN TOTALS
DAVIS pure heroin
AGBELE pure heroin
2,130 grams
TOTAL OF PURE HEROIN
2,362 grams
232 grams
Multiply total of pure heroin by 20
to obtain a SCIJ mixture of heroin
c
2,362 grams
x 20
TOTAL ATTIUBUTABLE TO LEE EDWARDS
~
!\
18
41,240 grams -
or 47 kilosPage 73 •
•
.,
t>--
Even this amount
~s
conservative, in that Edwards also had
other suppliers of heroin.
For example, ,Robert Burrell, one of
Edwards'
co-defendants,
pled quilty to supplying Edwards with
heroin.
Edwards' wife, Lorri, also testified regarding Edwards
repeatedly obtaining supplies of heroin from Burrell.
The facts and evidence, consisting of the information provided
by Davis and Agbele, the purchases by Jimmy Edwards from Davis and
Agbele, the purchases by Walter Pettigrew from Lee Edwards, the
physical surveillance, and the intercepted telephone calls, all
support the above analysis of the amount of heroin attributable to
Lee Edwards.
Paraqraph 25 ·of the presentence report
suspended,
was sentenced on November 17, 1986 to 2 years,
and he was placed on 2 years probation on
Both
17, 1986.
,I'
count 3, charging conspiracy to distrib
heroin and cocaine, and
count 4, charging the offense of m · taining a continuing criminal
occurred from
enterprise,
January, 1986, through
convicted on both co
about October, 1990.
at
least
Edwards was
In addition, Lorri Edwards testified she
1986, and that Lee. Edwards was operating his
organization at that time.
Therefore, Edwards
instan:t offense while he was on probation,
30-
of
the
presentence
criminal history
PQiR~S.
'"'\
19
report
properly
and
assesses
2Page 74 f'
"•
...
,
•
•
.
PORTION OF OPINION
DEALING WITH CALCULATION OF QUANTITY OF NARCOTICS
FROM 7TH CIRCUIT COURT OF APPEALS DECISION IN
UNITED STATES V. LEE ANDREW EDWARDS
I'Page 75 r
I
••
•
•
Copr. (C)· West 1996 No claim to o;rig. u.s. govt. works
---F.3d---(Cite as: 1996 WL 83180 (7th Cir.(Ind.»)
UNITED STATES of America, Plaintiff-Appellee,
v.
Lee Andrew EDWARDS, Defendant-Appellant.
No. 94-3307.
united states court of Appeals,
Seventh Circuit.
Argued Sept. 8, 1995.
Decided Feb. 27, 1996.
Appeal from the united states District Court for the Northern
District of Indiana, Hammond Division. ~o. 92 CR 113--Rudy Lozano,
JUdge.
Before BAUER, COFFEY and EVANS, Circuit JUdges.
COFFEY, Circuit JUdge.
*1 Lee Edwards appeals his conviction. and sentence for
engaging in a. continuing criminal enterprise, consp1r1ng to
distribute narcotics, distributing narcotics, using a communication
facility to facilitate drug trafficking, and using a firearm during
and in relation to a narcotics offense. We affirm.
I. Background
Lee Edwards operated a drug ring from his two residences, 460
Taft Place and 1522 Taft Street, in Gary, Indiana and from the
liquor store he owned in Gary, the "Black Horseman. "
The
investigation of Edwards included wiretaps, surveillance, and
controlled drug buys, and culminated in a search of Edwards's
residence.
. *
*
*
B. Sentencing
1. Quantity of Attributable Heroin
Edwards argues that the sentencing court erred in determining
that he was responsible for 47 kilograms of heroin. The first of
Edwards's contentions is that the district court erred in relying
on unreliable, hearsay testimony to determine the total amount of
pure heroin that he purchased for distribution. Second, the
defendant argues that the sentencing court improperly calculated
the weight of diluted heroin that Edwards sold on the street level.
We review the district court's calculation of the quantity of
narcotics attributable to Edwards for clear error. united States
v. Taylor, 72 F.3d 533, 542 (7th Cir.1995); united States v. VoId, 66 F.3d 915, 918 (7th cir.1995). The law regarding the evaluation
of evidence supporting sentencing determinations is well settled:
Information may properly be used in sentencing when it has
"sufficient indicia of reliability" to support its probable
accuracy. united states v. Ewers, 54 F.3d 419, 421 (7th Cir.1995)
(citing united states v. Lueddeke, 908 F.2Q 230, 234 (7th
Cir .1990) ). However, this reliabilj.ty standard "must be rigorously
-
1 -Page 76 r
I
•
I•
•
•
applied."
united states v. BeIer, 20 F.3d 1428, 1432 (7th
Cir.1994)j see U.S.S.G. s 6A1.3(a) ("In resolving any reasonable
dispute
concerning a
factor
important to
the
sentencing
determination, the court may consider relevant information without
regard to its admissibility under the rules of evidence applicable
at trial, provided that the information has sufficient indicia of
reliability to support its probable accuracy."). united states v.
Townsend, 73 F.3d 747, 751-52 (7th Cir.1996).
At the sentencing hearing, DEA Agent Vincent Balbo testified
that he had interviewed two of Edwards's heroin suppliers: Raymond
Davis and Abiodun Agbele. [FN9] According to Balbo, Davis told him
that Edwards purchased one to two ounces of "black tar" heroin a
week for two years, between 1990 and 1992, paying approximately
$6700 per ounce.
Davis made a conservative estimate that he had
sold Edwards a total of six kilograms of black tar heroin over the
course of the two years. Additionally, Davis told Agent Balbo that
he sold Edwards 85 grams of "white" h~roin.
*7 From the Davis evidence, the sentencing court calculated
that 6,035 grams of total sold heroin (six kilograms black tar
heroin plUS 85 grams white heroin) at 35 percent purity [FN10]
yields 2,130.grams of pure heroin.
Agent Balbo next testified that in October 1991 he interviewed
Abiodun Agbele, another source of Edwards's heroin. Abiodun told
Agent Balbo that he had sold a total of 463.5 grams of "white"
heroin to Edwards in 1989 and early 1990. From the Abiodun evidence
the sentencing court calculated that 463.5 grams of total heroin at
50 percent purity [FN11] yields 232 grams of pure heroin. Thus, the
combined pure heroin supplied by Davis and Abiodun amounted to
2,362 grams (232 plus 2,130).
DEA Agent Balbo testified that from his experience in law
enforcement, pure heroin is almost always "cut" or diluted before
it is sold on the street.
In order to calculate the street or
retail level purity of Edwards's sales, Agent Balbo summarized the
drug purchases made by a cooperating individual, Walter Pettigrew,
from Edwards. [FN12]
A DEA lab had analyzed the narcotics
purchased by Pettigrew from Edwards and calculated the percent
purity of each samplej the majority of the purchases contained less
than 5 percent pure heroin, confirming Agent Balbo's testimony
regarding the practice of diluting narcotics before street sale.
Applying the street level purity of 5 percent to the 2,362
grams of pure heroin supplied by Davis and Abiodun, the district
court calculated street level sales of 47,240 grams of heroin.
[FN13]
Although Edwards argues that the information provided by
heroin suppliers Davis and Abiodun is unreliable because they were
cooperating witnesses (and hence had a motive to exaggerate
Edwards's purchases to receive more favorable treatment from the
government), we observe that their statements were corroborated by
other evidence at trial.
Jimmie Edwards, Edwards's brother,
testified that Davis and Abiodun were two out of defendant
Edwards's four sources of heroinn Lorri Edwards, the defendant's
wife, also testified that she was aware Abiodun was a regular
- 2 -Page 77 •
•
supplier· of heroin.
Edwards himself, upon arrest, told the DEA
that he had been purchasing ounce quantities of heroin a week from
Davis for the previous year-and-a-half. Moreover, the government's
calculation was conservative:
it ignored the heroin supplied by
Matthews and Burrell, two additional sources of narcotics for
Edwards.
We conclude that the information relied upon to calculate the
total amount of· Edwards's drug supply bore "sufficient indicia of
reliability." See Taylor, 72 F.3d at 543 (Because the individuals
who provided this information gave largely consistent and mutually
corroborating accounts, we are not overly concerned that some of
these individuals were drug users). United States v. Rose, 12 F. 3d
1414, 1425 (7th Cir.1994) ("We cannot expect that witnesses will
possess the credibility of people of the cloth, such as rabbis,
priests, and nuns .••• II) •
Although the quantity of pure heroin
supplied by Davis and Abiodun was determined by analyzing the
purity of a single sampie purchase, "the district cour,t may base
its findings as to the quantity of drugs involved in an offense on
estimation. "
Vega, 72 F. 3d at 512 {citing united States v.
Sturman, 49 F.3d 1275, 1284 (7th Cir.1995».
*8 Edwards also asserts that it was clear error for the
sentencing court to assume that the 2,362 grams of pure heroin
attributable to Edwards was all sold on the street at 5 percent
purity (yielding 47,240 grams of total "retail" heroin). Edwards
points to the fact that· he sold one gram of heroin to Walter
Pettigrew, a cooperating individual, that was 4 7 percent pure
heroin.
See united States v. Nobles, 69 F.3d 172, 191 (7th
Cir.1995) ("Judges in the federal system, whether they are in the
trial or appellate system, do not operate in a vacuum, shielded
from knowledge of drug operations in the real world.") (quoting
united States v. Hatchett, 31 F.3d 1411, 1420 (7th Cir.1994».
However, according to the testimony at sentencing, that sale
of a single gram was an exception: the DEA lab determined that six
other sales to Pettigrew were of heroin in purities of.4.7 percent,
4 . 8 percent, 4 . 7 percent, 3 • 0 percent, 1 • 6 percent, and 4 . 0
percent, respectively.
Agent Balbo testified that these purity
figures confirmed his own knowledge that heroin distributed at the
street level is almost always cut to less than 10 percent purity.
Further, according to the information set forth in the DEA
wiretaps and the defendant's own admissions, the bulk of Edwardsts
drug sales were street level and in the form of $10 cut bags of
heroin, weighing one tenth of a gram. Edwards's own drug sellers,
Barefield, Kellum, and Campbell, testified at trial that Edwards
fronted them $10 packages of cut heroin to sell. Thus, the street
level purity of 5 percent accurately portrayed Edwards's criminal
enterprise. We conclude that the district court did not commit
clear error in its determination of the quantity of heroin
attributable to Edwards. See Sasson, 62 F.3d at 889 (stating that
it is rational to penalize a defendant for the combined weight of
a drug's active ingredient and the carrier medium because the
carrier facilitates distribution and sale of the narcotics);
United States v. Tucker, 20 F.~d 242 (7th Cir.1994) (defendant
- 3 -Page 78 ..
•
•
accountable for the weight of water and baking soda contained in a
cocaine-base mixture).
*
*
*
III. Conclusion
The convictions and sentences of Lee Edwards are
AFFIRMED.
*
*
*
FN9. Upon his arrest, Edwards had named Davis, Abiodun,
Burrell, and Matthews as suppliers of heroin.
The DEA arrested
Davis and Abiodun, who cooperated with the government in its
prosecution of Edwards.
FN10. The 35 percent purity for the Davis heroin was
determined as follows:
Agent Balbo testified that during the
investigation of Edwards, a cooperating individual, workin~ within
Edwards's drug ring, had intercepted a weekly drug shipment from
Davis to Edwards and forwarded it to the DEA. The DEA laboratory
reported that the shipment contained one ounce of 35 percent pure
black tar heroin. The 35 percent purity figure was applied to all
of Edwar~s's heroin purchases from Davis.
FNll. According to Agent Balbo, a cooperating individual under
DEA supervision had purchased one ounce of white heroin for $7000
from Abiodun in November 1990. The DEA laboratory determined the
heroin to be 50 percent pure.
FN12. The Pettigrew purchases were: 11.6 grams of 4. 7 percent
pure heroin for $500 on March 23, 1990; 5.8 grams of 4.8 percent
pure heroin and 5.7 grams of 4.7 percent pure heroin for $1000
total on April 23, 1990; 11 grams of 3.0 percent pure heroin on
June 11, 1990; 14.1 grams of 1.6 percent pure heroin on September
5, 1990;
85.8 grams of 4.0 percent pure heroin on October 10,
1990;
and a special $600 purchase of 1 gram of 47 percent pure
heroin also on October 10, 1990.
FN13. Given that Pettigr.ew paid $600 for one gram of 47
percent pure heroin, the value of 2,362 grams of pure heroin would
be in excess of $3 million.
-
4 -Page 79 r
.,
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA
)
)
)
)
)
v.
WILLIE EDWARDS, JR.
CAUSE NO. 2:92 CR 113 (08)
CERTIFICATE OF SERVICE BY MAIL
The undersigned hereby certifies that she is an employee in
the Office of the united States Attorney for the Northern District
of Indiana and is a person of such age and discretion as to be
competent to serve papers.
copy of
said
t~e
copy
That on March 14, 1996, she served a
attached Government's Sentencing Memorandum by placing
in
a
postpaid
envelope
addressed 'to
the
person
hereinafter named, at the place and address stated below, which is
the
last
known
address,
and
by
depositing
said
envelope
and
contents in the united States Mail:
ADDRESSEE:
Attorney Scott L. King
c/o Office of the Mayor
City of Gary
401 Broadway
Gary, IN 46402
Barbara J. Ronciak, Leg~l Secretary
U.S. Attorney's Office
100~\Main street, suite A
Dyer, Indiana 46311
(219) 322-8576
PDF Page 1
PlainSite Cover Page
PDF Page 2
•
FI LED
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
MAR 14 199&
STEPHEN R. LUD~. CLERK
U. S. DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
UNITED STATES OF AMERICA
v.
)
)
)
No. H CR 92-113
)
WILLIE EDWARDS, JR.
)
GOVERNMENT'S SENTENCING MEMORANDUM
Comes now the united States of America by Jon E. DeGuilio,
united States Attorney for the Northern District of Indiana, and
says as follows:
The government has alleged that defendant Willie Edwards, Jr.
was not only a member of the Lee Edwards narcotics conspiracy, but
he
was
so
co~spiracy
inextricably
intertwined
with
all
phases
of
the
that the entire amount of narcotics attributable to the
conspiracy is also attributable to Willie Edwards, Jr. l
Edwards (in this document, any reference to "Edwards" me:ans
Willie Edwards, Jr.; Lee Edwards and Lorri Edwards- are referred to
IThe gov~rnment has never contended that Willie Edwards, Jr.
was on a par with Lee Edwards as far as being a leader in the
conspiracy, but the government has always argued that Willie
Edwards, Jr. 's role was such that he was more accountable for the
narcotics dealt by the conspiracy than the many " independent
_contractors" who dealt narcotics 'for Lee Edwards. The government's
position is set forth at paragraph 6 of the presentence report:
c
Additionally, the government has advised that tne
defendant was involved in the conspiracy longer than the
months reflected above which reflect months a wiretap was
monitoring the Lee Edwards residence • • • . He was not an
organizer or leader in the conspiracy, but is believed to
be more cUlpable than independ~nt contractors such as
James Davis and Rosetta Pirtl~, as he had a better
knowledge and understanding of the s~ope of the
conspiracy.
PDF Page 3
".
•
by using both their first and last names) raises two objections to
the presentence report.
First, Edwards "objects to the fact he was
involved in the conspiracy longer than the months reflected •••• "
Presentence report
(fifth addendum),
p.
15 .
Second,
Edwards
"objects to the amount of drugs (47 kilos of heroin) which have
been attributed to him for guideline calculations."
Presentence
report (fifth addendum), p. 16.
I.
LENGTH OF TIME EDWARDS WAS IN THE CONSPIRACY.
Edwards claims he was involved in the conspiracy for a period
of approximately four weeks in August and September 1990, during
which he lived at Lee Edwards' house, answered the phone, passed on
messages,
and on two occasions made deliveries of narcotics.
Presentence report, paragraph 10.
The
evidence,
however,
indicates
that
Edwards
actively
participated in the conspiracy from early 1988 to at least the end
of September, 1990!2
Lorri Edwards testified at the sentencing hearing that Willie
Edwards, Jr. began running narcotics to an apartment building on
6th and Grant Streets in Gary, out of which Lee Edwards' workers
were selling narcotics.
Lorri Edwards testified that while she
could not pinpoint the date on which she first became aware of
Willie Edwards, Jr. taking narcotics to the apartment building,
Edwards began this activity at the latest no more than a year after
he was released from prison, where he had been serving Ii a state
2trhe conspiracy terminated on October 11, 1990, when law
enforcement agents searched Lee Edwards' residence (during which
Lee Edwards shot at federal agents) and arrested Lee Edwards.
2
c
PDF Page 4
prison sentence.
•
Edwards served a sentence of incarceration in the
Indiana Department of Corrections for dealing in a narcotic drug,
a Class B felony 'in Indiana.
Presentence report, paragraph 23.
The probation department reported, and the parties agreed, that
Edwards was released from the Indiana Department of Corrections on
February 24, 1987.
Edwards'
Presentence report, paragraph 24.
involvement
in the Lee Edwards
narcotics
That places
trafficking
organization at February of 1988, at the latest.
Several, but by no means all,3 of the tape recorded telephone
conversations engaged in by Willie Edwards,
Jr.
intercepted by
virtue of the wire tap were introduced into evidence and played at
trial.
The most recent of the tapes played was exhibit 118, which
was
tape
a
recording
September 20, 1990.
of
a
telephone
Therefore, Edwards'
conversation
occurring
involvement in the Lee
Edwards narcotics trafficking organization continued until at least
near the end of September, 1990.
Edwards
actively
participated
in
the
Lee
Edwards'
drug
trafficking organization from at least February 1988 until at least
the end of September, 1990, or a period of at least 2 1/2 years.
II.
QUANTITY OF NARCOTICS ATTRIBUTABLE TO EDWARDS.
~Edwards
claims that during the four weeks he stayed at Lee
Edwards' residence in August and September of 1990, Edwards made
3The wire tap laste4 approximately 60 days, beginning in
August, 1990 and ending in October, 1990. There were a total of
777 pages of transcripts of pertinent telephone conversations
participated in by Willie Edwar(ils, Jr. inter.cepted during the
period of the wire tap. The latese of these conversations occurred
October 3, 1990.
, 3
PDF Page 5
",1
'-
•
~1
only
t~o/~eliveries
•
of narcotics:
He advised on two (2) occasions during this time, he made
drug deliveries. On one occasion, he delivered a $20 bag
of heroin and on another occasion, a $10 bag of cocaine.
Presentence report, paragraph 10.
The evidence from the tape recorded telephone conversations
introduced at trial alone, however, prove Edwards wrong.
number
103
through
118
were
tape
recordings
conversations engaged in by Willie Edwards, Jr.
of
the
conversations where
Edwards
agrees
of
Exhibits
telephone
A summary of some
to make
deliveries
follows:
Exhibit 105
(8/22/90 at 9:03 p.m.):
Mike Sutton orders a
"twenty". Sutton is at the Shell station, and Edwards tells
Sutton, "Okay, come up there to the corner.
Right at the
corner of the street."
Exhibit 106 (8/29/90 at 6:11 p.m.): Little James orders "a
three oh" .•.. "on the dude". 4 Edwards says, " ••. I'll be on,
on my way, soon as I get it."
They agree to meet "on
Fifteenth."
Exhibit 108
(9/7/90 at 11:01 p.m.):
Gary Bradley orders a
"four".
Edwards tells Bradley, ".... meet me at Fifth and
Taft." Edwards says, "Go on, go on and leave man. I rm on my
way. "
Exhibit 109 (9/9/90 at 9: 20 p.m.); Annette orders "a seventy
boy, ••• dime of girl, ••• two dimes of boy, ••• two dimes of
girl, okay, and two dimes of boy". Edwards tells her to "just
go in the lot •.• you be there • . • • If I don't be out there
by that time, just come to the door."s
Exhibit 110
(9/11/90 at 6:51 p.m.):
Mike, Sutton orders a
"twenty". Edwards tell~ him, "You know the next street over
4Lorri Edwards testified this was an order for a $30 bag of
heroin. Trial transcript, p. 440
sLorri Edwards testified that "boy" meant heroin 'and "girl"
meant cocaine.
Trial transcript, p. 439.
For example, this
conversation "70 boy" meant $70 worth of heroin, "dime girl" meal1t
$10 worth of cocaine, and "two dimes of boy" meant two $10 bags of
heroin. Trial . transcript, p. 444,
.\
4
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PDF Page 6
,.
"
. - )J
•
•
from here, Rutledge? ••• Okay, go, go down there, I mean, uh,
g6, go, go the next street over, from us, stop there, go down
Fifteenth, next street over from us, the street after that,
about two streets over from here." Edwards tells Sutton, "we
got, got the white now. ,,6 Edwards says, "Just meet me down
that way."
Exhibit 111
(9/11/90 at 7: 09 p.m.):
Robert "Bob" Brown
orders "half a T." Brown asks Edwards, " .•• meet you where?"
Edwards replies, "Go down there to that liquor store on
Fifteenth. • •. Ilm gonna be right on down there."
Exhibit 113 (9/14/90 at 9:47 p.m.): Larry Lowe orders a dime
boy and a dime girl. Edwards tells him, " ..• meet me behind
behind the house here .•. I mean the next street behind
the house on Rutledge. The next street over ••• you know, by
the alley •.•. "
Exhibit 114,' (9/15/90 at 7: 51 p.m.):
Annette orders, "A
thirty cent boy •.• a forty cent boy, and a twenty cent girl."
Edwards tells her, "I 1m going to go 'and get that for you know •
••• 'Cause I'm gettin' ready to walk out •.••• meet me right
down there on Fifth Avenue ••• by that fillin' station •••• "
Exhibit 115 (9/15/90 at 10:50 p.m.): Elaine Hughes orders "a
twenty white and a twenty brown." Edwards tells her to park
"on Rutledge; the next street over from here.
. .• by the
alley. 1-1
Exhibit 116 (9/16/90 at 6: 44 p.m.): Annette orders "a thirty
boy and a dime girl." Edwards tells her, "I'm gonna have to
meet you somewhere. • •• you know where Rutledge at ••• behind
the house? ••• And ,then not that street, not Rutledge, the
street before you get to that.
• •• Meet me, you know, just
you • • • . You can park them on Fifth Avenue ••• and get out of
the car •.• and meet me in the alley down there."
Exhibit 117 (9/16/90 at 6:55 p.m.): Mike sutton calls and
asks for Willie ••• "the one with the white Cadillac." Willie
Edwards, Jr. gets on the phone, and sutton orders "a dime."
sutton tells Edwards sutton is -on Fourth and Bridge streets.
Edwards tells sutton to walk to Fifth and "... be by that
church down there from; from the ••• fillin' station."
Exhibit 118 (9/20/90 at 9:29 p.m.): Mike Sutton orders "a
dime." Edwards tells sutton, "Come on in back of, you know,
Rutledge."
c
6Lorri Edwards testified this is a reference to white heroin.
Trial transcript, p. 447..
~
1\
5
I
I
,I
PDF Page 7
•
•
Edwards clearly is lying when he claims he only made two. .
deliveries of narcotics of a $20 bag and a $10 bag.
Edwards obviously is accountable for much more than that to
which he admits.
The next question
is,
"For how much is he
accountable?"
The
Seventh
Circuit
recently
repeated
the
long
standing
principle that a participant in a narcotics conspiracy may be held
accountable for more than just the quantity of narcotics personally
dealt by that participant:
section 1Bi.3 of the Sentencing Guidelines requires
the district court to consider "relevant conduct" when
calculating a defendant's base offense level. U.S.S.G.
§ 1B1.3.
The court must consider, not just the criminal
conduct with which the defendant was charged, but "all
acts and omissions ••• that were part of the same course
of .conduct or common scheme or plan as the offense of
conviction." . U.S.S.G. § 1B1.3(a) (2).
"[I]n a drug
distribution
9ase, II
according
to
the
Guidelines
Commentary, "quantities and types of drugs not specified
in the count of conviction are to be included in
determining the offense level if they were part of the
same course of.conduct or part of a common scheme or plan
as the count of conviction." U.S.S.G. s lBl.3 cmt. 10.
Thus, for example, the district court in this case was
required to consider, not just the approximately 100
grams of cocaine involved in Demski's "offense of
conviction"
(attempted. possession with
intent to
distribute cocaine on February 13,1993), but the entire
amount of cocaine involved during the period in which the
Taylor conspiracy was active. One who participates in
"jointly undertaken criminal activity," whether or not
charged may be held accountable for the reasonably
foreseeable acts of his co-conspirators if those acts
were committed in IUEtherance of the conspiracy.
U.S.S.G. § lB1.3, Application Note 2; united states y.
Savage, 891 F.2d 145, 151 (7th eir.1989).
united States v. Taylor, 72 F.3d 533, 541 (7th eire 1995) [emphasis
added].
The principle that a defendant who was participant in a
narcotics conspiracy may be held accountable for the quantity of
1!0
1.\
6
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•
•
narcotics dealt by the conspiracy is tempered by the requirement
that the narcotics dealt were
"reasonably foreseeable"
to the
defendant:
The Guidelines require district courts to sentence a
criminal conspiracy defendant on the basis of all acts
committed by the defendant for which the defendant "would
be
otherwise
accountable."
U.S.S.G.
§ 1B1.3.
Application Note 1 defines conduct for which a defendant
"would be otherwise accountable" as "conduct of others in
furtherance of the execution of the jointly-undertaken
criminal activity that was reasonably foreseeable by the
defendant." U.S.S.G. § 1B1.3, comment. (n. 1) (emphasis
added) •
Reasonable foreseeability refers to the scope of the
agreement that Fontanez entered into when Ae joined the
conspiracy, not merely to the drugs he may have known
about.
United states v. Edwards, 945 F.2d 1387, 1403
(7th Cir.1991), cert. denied,
u.s.
, 112 S.ct.
1590, 118 L.Ed.2d 308 (1992). -----United states v.
Flores,
5 F.3d 1070, 1082-83
(7th Cir.
1993).
However, it is not enough for the District court to reiterate
the
above
defendant
conspiracy.
standard
is
and
accountable
then
for
announce
all
the
a
conclusion
narcotics
that
dealt
the
by
a
The sentencing court must make an " individualized
inquiry ••• in order that the defendant is sentenced only on the
basis of a conspiracy that was reasonably foreseeable to him
setting forth the reasons why the particUlar amount of drugs was
reasonably foreseeable to him,
before the court."
(7th Cir. 1991).
with reference to the evidence
United states v. Edwards, 945 F.2d 1387, 1399
"Before concluding that a given quantity of drugs
was foreseeable for sentencing purposes, the district jUdge should
make clear that he has considered the evidence of the individual
defendant's agreement to join a conspiracy of the scope alleqed by
"\
the government."
Id.
Compare, for example, United states v.
'. _7
PDF Page 9
•
••
..
"
Edwards,
supra, where the 7th Circuit found that the evidence
indicated the defendant had joined a larger conspiracy "less than
two months before federal agents arrested the defendants" [945 F.2d
at 1400]; with united states v.
Taylor,
supra,
where the 7th
Circuit approved of sentences imposed wherein the sentencing court
held individual defendants accountable for different quantities of
narcotics based upon the length of time they were involved in the
conspiracy [72 F.3d at 542].
Also see united states v. Flores,
supra, wherein the Seventh Circuit found that the sentencing jUdge
complied with Edwards by making a statement on the record in
support of its determination regarding the quantity of narcotics
attributable to the defendant.
In Flores, the Court indicated on
the record, "I do fit:'ld by a preponderance of the evidence that" the
defendant "was a knowledgeable conspirator with respect to the
scope of the activities" among other primary co-conspirators "at
least as early as August 1990".
The Court also set forth some of
the evidence regarding the activities that the defendant undertook
in furtherance of the conspiracy.
united states v. Flores, supra,
35 F.3d 1070 at 1083.
The Court therefore should examine the length of time Willie
Edwards, Jr. was a participant
the conspiracy, the activities in
~n
which he engaged in furtherance of the conspiracy, and the extent
of the knowledge he had of the scope of the conspiracy.
Based upon
those factors, the Court can make an informed determination of the
quantity of narcotics dealt by the conspiracy that were foreseeable
to Willie Edwards, Jr. when he joiped the conspiracy and while he
8
PDF Page 10
l, ..
••
. 'l
J'
•
continued..to participate in the conspiracy.
that
Willie
Edwards,
Jr.
participated
The government argues
in
every
facet
of
the
conspiracy, and therefore Edwards was in such a position that the
entire amount of narcotics dealt by the conspiracy during the time
that Edwards was a participant was foreseeable to Edwards.
The evidence indicates that Edwards was involved in
phase of the Lee Edwards narcotics trafficking organization.
~very
The
organization can be broken down in various elements:
1.
Sources of supply.
Lee Edwards used Raymond Davis as a
source of supply of brown heroin, and Abiodun Agbeleoas a source of
supply of white heroin.
at Willie Edwards,
DEA Special Agent Vincent Balbo testified
Jr.' s
sentencing hearing that Raymond Davis
admitted that he supplied Lee Edwards with brown heroin and that
Lee Edwards would .send others to Raymond Davis to pick up the
supply.
Raymond Davis identified Willie Edwards, Jr. as one of the
individuals who would pick up the supply of heroin for Lee Edwards.
The supply of white heroin was more of a rarity, and would come
from Abiodun Agbele, who in turn obtained the heroin from Nigeria.
Willie Edwards, Jr. knew when there was a supply of white heroin
in, as indicated by the telephone conversation recorded in Exhibit
110,
summarized
customer,
"we
above,
got
wherein
the white
in
Willie
Edwards,
now."
Willie
Jr.
tells
Edwards,
a
Jr. 's
activities with regard to the sources of supply, alone, distinguish
Willie Edwards, Jr. from the rest of the workers and independent
contractors ..
9
PDF Page 11
2.'
•
Workers.
•
Lee Edwards made use of workers. These people
would be "fronted" narcotics by Lee Edwards and would return to Lee
Edwards a portion of the sale proceeds.
bag,
the seller would keep $2,
For example, for every $10
and owe Lee Edwards $8.
transcript, pp. 413, and 420-21.
Trial
The workers who sold narcotics
out of the apartment building on 6th and Grant streets worked on
that basis.
Lorri Edwards testified at the setencing hearing that
less than a year after Willie Edwards, Jr. was released from prison
in
February
of
1987,
apartment building.
Edwards
began
taking
narcotics
to
the
Lee Edwards also had narcotics sold at the
Black Horseman liquor store, on Virginia street, which was owned by
Lee Edwards.
Trial transcript, p. 411.
I
Lorri Edwards testified at
the sentencing hearing that Willie Edwards, Jr. sold drugs out of
the parking lot of the ·liquor store,
testified that she would keep a
as well.
Lorri Edwards
record of these transactions.
Lorri Edwards identified a black binder seized in the search of the
Lee Edwards residence at 460 Taft Place as a book that contained
some of these drug records.
Trial Transcript,
p.
418.
Lorri
Edwards identified an entry dated March 7, 1990 as being a record
of narcotics for which Willie Edwards, Jr. was responsible.
The
record for that date indicated Willie Edwards, Jr. was responsible
for 100 $10 bags of white heroin, 30 $10 bags of brown heroin, and
42
bags
of
cocaine.
Trial
Edwards, Jr. was clearly a
Transcript,
size~ble
Edwards.
'Il
1\
10
•
pp.
419-421.
Willie
seller of narcotics for Lee
PDF Page 12
t
,1
3.
•
•
'...
Runners.
Lee Edwards also made use of "runners".
These
people would answer the phone for Lee, take narcotics orders, and
run the narcotics out to locations where they would meet the
narcotics customers to complete the sale.
The tape recorded
telephone conversations introduced into evidence establish that
Willie Edwards, Jr. was heavily involved in this type of activity.
Factors which distinguish Edwards from the other "runners" are that
Edwards actually lived at the Lee Edwards residence, and Edwards
was much more heavily involved in making these transactions than
other co-defendants.
4.
Independent
contractors.
There were a
couple more
trusted individuals who Lee Edwards supplied with large quantities
of narcotics at a.time to sell from their own locations for Lee
Edwards.
Lee Edwards would sometimes supply narcotics customers
with the telephone' numbers for these individuals and refer the
customers there..
James Davis.
. These individuals included Flakes Kellum and
Lorrie Edwards' testimony from Lee Edwards trial
transcript, pp. 907-909 [copy attached hereto].
Willie Edwards waS
familiar with these individuals, the quantities of narcotics with
which they were supplied to sell, and the telephone numbers where
they could be reached.
In Exhibit 112, for example, a recording of
a telephone conversation occurring 9/14/90 at 4:07 p.m., Edwards
tells Brad Guyton that, "Flakes just left here, man.
just got 'bout three hundred things. ,,7
He just, he
Exhibit 86 from the. Lee
7Lorri Edwards testified this meant Flakes had just left with
about 300 $10 bags of "boy", or h~roin. Trial transcript, p. 449.
11
PDF Page 13
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Edwards, et ale trial [a copy of which is attached hereto] is a
tape recording of a telephone conversation wherein Willie Edwards,
Jr. tells Willie Word that James Davis still has some narcoti.cs and
Edwards gives Word Davis' telephone number.
5.
Switchinq residences.
Lee Edwards would switch back and
forth between two residences, to avoid attracting attention to a
sustained volume of traffic at one residence.
manned the phones at both residences.
In
Exhibit
108,
summarized
above,
Willie Edwards, Jr.
Trial transcript, p. 449.
Willie
Edwards,
Jr.
makes
statements that indicate he knows the organization is about to
switch residences, and arranges to meet the caller at the other
residence.
For
sentenc~ng
purposes,
Willie
Edwards,
Jr.
is
held
accountable for all the narcotics dealt by the conspiracy which are
"reasonably
participated
trafficking
foreseeable"
in
every
to
him.
aspect
organization,
since
of
all
of
the
the
Willie
Lee
Edwards,
Edwards
narcotics
Jr.
narcotics
dealt
by
the
organization in the last 2 1/2 years of the organization's life
were attributable to him.
Willie Edwards,
Jr.
participated in
picking up brown heroin from Lee Edwards' source of supply of brown
heroin in Chicago, Raymond Davis.
Willie Edwards, Jr. was familiar
with the shipments of white heroin, and informed the customers of
when the white heroin was available.
sold from the Lee Edwards residences.
Some of the narcotics were
Willie Edwards, Jr. answered
the phones at both residences, took narcotics orders, instructed
the customers where to meet, and
~et
12
the customers to deliver the
PDF Page 14
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narcotics and obtain the money.
Lee Edwards had workers selling
out of the apartment building at 6th and Grant streets.
Willie
Edwards, Jr. brought narcotics to the building to be sold.
Edwards
kept
responsible.
being
a
record
of
narcotics
for
which
others
for
sizeable
quantities
of
narcotics.
Edwards caused narcotics to be sold from his liquor store.
store.
were
Willie Edwards, Jr. was listed in the records as
responsible
Edwards,
Lorri
Jr.
Lee
Willie
sold narcotics from the parking lot at the liquor
Lee Edwards had independent contractors to whom customers
would be referred to purchase narcotics.
Willie Edwards, Jr. knew
the names and phone numbers of these individuals, knew whether or
not the individuals had a supply of narcotics to be sold and the
quantity of narcotics supplied to the individuals, and referred
customers to the individuals.
Not only was the entirety of the Lee
Edwards narcotics trafficking organization "foreseeable" to Willie
Edwards, Jr., but Willie Edwards, Jr. participated in every facet
of the organization other than physically mixing and packaging the
narcotics,
including every facet of the supply and distribution
network.
Willie Edwards, Jr. was not a leader in the organization.
Edwards was the undisputed leader.
not
facing
a
sentencing
Lee
However, Willie Edwards, Jr. is
enhancement
for
being
a
leader
every
part
or
organizer.
Willie
Edwards,
Jr.
was
involved
in
of
organization, more so than any other of the co-defendants.
the
Not
only is Willie Edwards, Jr. accountable for all the narcotics dealt
13
PDF Page 15
1,I
by
~he
•
•
organization during his 2 1/2 year participation in the
organization", but it is impossible to see how Willie Edwards, Jr.
can be separated out from the organization and held responsible
only for a finite and clearly defined quantity of narcotics.
During the Lee Edwards sentencing hearing,
the government
established the quantity of narcotics accountable to the conspiracy
for the period of time that Willie Edwards,
participant in the conspiracy.
Jr.
was an active
A copy of a transcript of the
testimony of DEA Special Agent Vincent Balbo from Lee Edwards'
sentencing hearing was introduced into evidence at Willie Edwards,
Jr.'s sentencing hearing [and is also attached].
A portion of the
government's sentencing memorandum from the Lee Edwards sentencing
hearing, dealing with the calculation of the quantity of narcotics
dealt by the Lee Edwards narcotics trafficking organization, was
also offered to the Court [and is also attached].
One should note
from those documents that Raymond Davis said that he was a source
of supply of heroin to the Lee Edwards organization since 1988.
In
addition Abiodun Agbele said that he supplied the Lee Edwards
organization with white heroin between 1989 and January of 1990,
with an additional shipment being delivered in February of 1990.
These dates are significant, because they all fall within the
time period, from at least February 1988 to approximately the end
of
the
organization
in
October
of
1990,
during
Edwards, Jr. was participating in the organization.
which
Willie
The quantities
attributed" to the Lee Edwards organization when Lee Edwards was
sentenced, then, are the same as the quantities attributable to the
.,
14
PDF Page 16
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organi~ation
•
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\
during the time period that Willie Edwards,
participating in the organization.
support
appeal.
united states v. Lee Andrew Edwards,
1995)
these quantities were upheld
[1996 WL 83180]
was
The evidence and calculations
used to
Cir.
Jr~
in Lee
Edwards'
F.3d
(7th
[a copy of the relevant portions of
which is attached].
WHEREFORE, the government respectfully requests the Court to
rule
in favor
of the government with regard to the contested
sentencing issues, and to sentence the defendant in accordance with
the calculations set forth in the presentence report.
Respectfully submitted,
JON E. DeGUILIO,
UNITED STATES ATTORNEY,
~/==:;::::;~;:::=~~~;J.~~~~
..L~==-"::'==:::=Daniel L. Bella,
By :..
Assistant united States Attorney·
Attorney No. 2670-45
15
_
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA
v.
WILLIE EDWARDS, JR.
)
)
)
)
)
No. H CR 92-113
APPENDIX
TO
GOVERNMENT'S SENTENCING MEMORANDUM
PDF Page 18
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INDEX TO APPENDIX
•
TAB A:
SELECTED
PAGES
CITED
IN
GOVERNMENT'S
SENTENCING
MEMORANDUM OF LORRI EDWARDS' TESTIMONY FROM WILLIE
EDWARDS, JR. TRIAL TRANSCRIPT
TAB B:
PAGES
CITED
IN
GOVERNMENT I S
SENTENCING
SELECTED
MEMORANDUM OF LORRI EDWARDS' TESTIMONY FROM LEE ANDREW
EDWARDS TRIAL TRANSCRIPT
TAB C:
TRANSCRIPT OF TAPE RECORDED TELEPHONE
EXHIBIT 86 FROM LEE ANDREW EDWARDS TRIAL
TAB D:
SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT OF DEA
SPECIAL AGENT VINCENT BALBO'S TESTIMONY AT LEE ANDREW
EDWARDS' SENTENCING HEARING
TAB E:
SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT OF
GOVERNMENT'S SENTENCING MEMORANDUM FILED WITH THE COURT
IN CONNECTION WITH LEE ANDREW EDWARDS' SENTENCING HEARING
TAB F:
PORTION OF OPINION DEALING WITH CALCULATION OF QUANTITY
OF NARCOTICS FROM 7TH CIRCUIT COURT OF APPEALS DECISION
IN UNITED STATES V. LEE ANDREW EDWARDS
\\
\
CONVERSATION;
PDF Page 19
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SELECTED PAGES
CITED IN GOVERNMENT'S SENTENCING MEMORANDUM
OF LORRI EDWARDS' TESTIMONY
FROM WILLIE EDWARDS, JR. TRIAL TRANSCRIPT
PDF Page 20
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411
1
Q
Were drugs sold out of both residences?
2
A
Yes.
3
Q
Were there other locations that Lee would sell drugs Ollt of
besides the two houses?
4
(.
L. EDWARDS - DIREC'"
5
A
Yes.
6
Q
And during the time that you were married to him, did :rou
7
come to know of another location that drugs were sold out
8
of?
9
A
Yes.
10
Q
What location was that?
11
A
He had apartment building on 5th and Grant, and a liquor
12
store on 10th and Virginia, 10th and Virginia or 11th Hnd
13
Virginia street.
14
Q
What was· the name of the liquor store?
15
A
Black Horseman.
16
Q
And did Lee own that?
17
A
Yes.
18
Q
And there was also an apartment building that Lee had on
Grant street, is that correct?
19
20
A
Yes.
21
Q
IS that apartment building stili there?
22
A
No.
23
Q
And were drugs sold
24
A
Yes.
25
Q
What -- would Lee go to the apartment building, for
c
I,
o~t
~
of those locations?
PDF Page 21
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Ow
(
1
most common type of drug or size of drug sold, a dime hag,
2
what arrangements would he have with the workers who would
3
sell the dime bags?
4
A
6
They would get $2, two or $3 off of each bag and he go;: the
rest.
5
Q
When these workers would work for Lee would they
wOllid
they be given a number of bags at a time to sell?
7
8
A
Yes.
9
Q
Was any record kept of how many bags the workers were
given?
10
(
413
L. EDWARDS - DIREC'"
11
A
Yes.
12
Q
Also seized in the search that occurred October 11, 19!1O,
was there a black book used to keep notes of these records?
13
14
A
Yes.
15
Q
If I may I approach.
THE COURT:
16
17
Q
You may.
Hand you what's been marked for identification purpose as
18
Government's Exhibit 28, and ask if you can identify that
19
please?
20
A
Yes, that's the book that was -- the drugs were -- the
21
workers, they got so many drugs, and it was written dO'Tn
22
what they were supposed to
23
Q
And is that one of
th~
'\
24
25
information in?
A
Yes.
t~rn
in.
books that you would keep that
PDF Page 22
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II
A
Right there with the glasses and the black and gray
sweater.
3
MR. BELLA:
4
(
Your Honor, would the record reflect 1:he
witness has identified the defendant, Willie Edwards,
5
6
THE COURT:
7
MR. MAK5IMOVICH:
8
THE COURT:
9
MR. BELLA:
10
418
he's wearing?
1
2
L. EDWARDS - DIRECtt
Q
~rr.
Any objection?
No objection.
50 indicated.
You testified that when these packages of drugs were g:.ven
11
to workers to sell that the -- there was a record kept of
12
the amount of packages they would get?
13
A
Yes.
14
Q
And from that record were you able to determine or keep a
15
record of how much money they owed Lee for the drugs that
16
they would sell?
17
A
Yes.
18
Q
If I may approach the witness, Your Honor.
THE COURT:
19
20
Q
You may.
Lorri, you testified earlier that Government Exhibit 2n,
c
21
the black binder that was seized from the house at 460 Taft
22
place during this search contained some of these drugs
23
records, is that righi?
~
24
A
Yes.
25
Q
Drawing your attention to the pages in the back of thit;
PDF Page 23
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"
419
1
book, there are some pages that have names on them and
2
numbers and one of these pages says Joanie and Flakes, who
3
would that be?
4
A
That was Flakes and his girlfriend, they worked for
5
Q
And is that a record of drugs that they would get to
LeE~.
sE~ll
for Lee?
6
7
A
Yes.
8
Q
Does it have a date and certain amounts of drugs on it:'
9
A
Yes.
10
Q
And in the case of this page it has certain amounts of
either W or a, what would W or a be?
11
12
A
W was for white heroin and a was for brown heroin.
13
Q
And flipping to another page in the book, it says Ella Mae,
who would that be?
14
15
A
One of Lee's workers.
16
Q
And where did she work out of?
17
A
I
really don't know.
I
think she just like in the
strE~et,
you know.
18
19
Q
Did she also work at Lee's liquor store?
20
A
Yes.
21
Q
And then there's another page of the book that has the name
Willie on it, who. would that be?
22
,
\
L. EDWARDS - DIRECtt
23
A
Willie Edwards.
24
Q
And that has certain numbers of drugs too, is that right?
. 25
A
Yes.
PDF Page 24
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DIREC~
420
1
Q
And dates on that as well, is that right?
2
A
Yes.
3
Q
And then on the yet another page of the book Willie's name
4
appears, is that correct?
5
A
Yes.
6
Q
And again the same records, is that correct?
7
A
Yes.
8
Q
Looking at this page for a moment, it indicates on 3-7··90
9
(
L. EDWARDS -
100 W's, what would that be?
10
A
100 dime bags of white heroin.
11
Q
If Willie, like the other workers, gets $2 of each dim(! bag
12
sold and $8 went back to Lee, Lee would have $800 coming to
13
him for that 100 dime bags of white heroin, is that
ri~rht?
14
A
Yes.
15
Q
And right next to 100 W's it says eight hundred, is thnt
16
right?
17
A
Yes.
18
Q
And then right below that it says 30 B's, what would that
be?
19
20
A
Thirty $10 bags of brown heroin.
21
Q
And if 30 $10 bags of brown heroin were sold Lee would ge\
$8 back for each bag, that would be $240, is that righ 1:?
22
23
A
Right.
24
Q
And right next to that that it says 240, is that correct?
25
A
Yes.
1\
PDF Page 25
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L. EDWARDS -
DIREC~
421
1
Q
Finally below that it says 42 G's, is that right?
2
A
Yes.
3
Q
And what would G's be?
4
A
Cocaine.
5
Q
What does G stand for?
6
A
Girl.
7
Q
Girl, which is another name for cocaine?
8
A
Yes.
9
Q
And then there is another dollar fi'gure next to that, 336,
is that right?
10
11
A
Yes.
12
Q
And then there is a total of all three of those figures of
1376, is that --
13
14
A
Yes.
lS
Q
And then it shows a thousand off, and then another subtotal
16
of 376, and then 96 off, and another subtotal of 280, is
17
that correct?
18
A
Yes.
19
Q
In addition to selling the drugs or having the workers sell
20
the drugs out of the apartment building, you testified that
21
Lee would distribute drugs from the houses on 4th and
22
Place and 15th and Taft street, is that correct?
~
~aft~
23
A
Yes.
24
Q
Would Willie Edwards do anything to help sell drug$ from
2S
the residences at 4th and Taft Place or 15th and Taft
PDF Page 26
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at
1
Q
Boy again is what kind of drug?
2
A
Heroin.
3
Q
And girl?
4
A
Cocaine.
5
MR. BELLA:
Thank you.
6
THE COURT:
Cross insofar as this portion.
7
MR. MAKSIMOVICH:
8
THE COURT:
You can continue on, Mr. Bella.
9
MR. BELLA:
Like to play Exhibit 105.
MR. MAY:
10
I have nothing further.
No cross.
This should be from conversation telephone
(Government Exhibit Number 105, a cassette
tape recording, was played in open court.)
12
13
-MR. BELLA:
14
15
Q
Lorri, all these conversations that we're hearing where
16
Willie Edwards is identified as the speaker on the
17
transcript, is that Willie Edwards, the defendant?
18
19
20
21
22
\ .
439
219 838-3811 on August 22, 1990 at 9:03 p.m.
11
(
•
L. EDWARDS - DIRECT
A
Yes.
MR. BELLA:
Let's play the next one, if you don't havQ
any questions.
THE COURT:
Mr. Maksimovich, do you have any
questions?
23
MR. MAKSIMOVIC¥:
No.
24
MR. BELLA:
Thank you.
2S
THE COURT:
You may go on to the next one.
PDF Page 27
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L. EDWARDS - DIRECT
1
MR. BELLA:
2
MR. MAY:
Thank you, Your Honor.
440
Exhibit 106.
This conversation is to come from telephone
219 949-3704 on August 29, 1990 at 6:11 p.m ••
3
(Government Exhibit Number 106, a cassette
tape recording, was played in open court.)
4
5
MR. BELLA:
6
7
Q
Just two questions about this.
Lorri, first of all this
8
caller ordered a three oh on the dude, do you know what
9
that would be referring to?
10
A
Pardon me?
I didn't hear you?
11
Q
Is this caller ordered a three oh on the dude, do you know
what that would be referring to?
12
13
A
That's a $30 bag of heroin ..
14
Q
And I-notice that the previous conversation, the first
15
three that we listened to here were on the telephone
16
of 460 Taft Place; whereas this one is the phone number at
17
1522 Taft street.
18
and forth between the two houses, is that right?
numbe~
And you testified-earlier you moved back
19
A
Yes.
20
Q
And they also talk about meeting on Taft Street in this
conversation, is that right?
21
22
A
Yes.
23
MR. BELLA:
Oka~.
24
THE COURT:
Cross.
25
MR. MAKSIMOVICH:
I have nothing further.
Yes.
PDF Page 28
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MR. MAY:
1
•
L. EDWARDS - DIRECT
444
This comes from telephone number 219
883-3811, September 7, 1990 at 11:01 p.m.
2
(Government Exhibit Number 108, a cassette
tape recording, was played in open court.)
3
4
5
MR. BELLA:
I have no questions about that.
6
THE COURT:
Any questions, Mr. Maksimovich?
7
MR. MAKSIMOVICH:
8
MR. BELLA:
9
MR. MAY:
No cross.
I want to play Exhibit 109.
Exhibit 109, telephone, number 219 883-3811
which occurred on September 9, 1990 at 9:26 p.m.
10
(Government Exhibit Number 109, a cassette
tape recording, was played in open court.)
11
12
(:
'
MR. BELLA:
13
14
Q
Lorri, 70 boy is what?
15
A
$70 worth of heroin.
16
Q
And dime girl is what?
17
A
$10 worth of cocaine.
18
Q
And two dimes boy is what?
19
A
Two $10 bags of heroin.
20
MR. BELLA:
I have nothing further.
21
THE COURT:
Cross.
CROSS EXAMINATION
BY
MR. MAKSIMOVICH:
22
23
1ll
24
25
Q
What quantity of
we talking about?
heroifi~is
$70, what amount of heroin
a~e
PDF Page 29
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L. EDWARDS -
DIRE~
447
Yes.
2
MR. BELLA:
Thank YOu..
3
THE COURT:
Recross.
4
MR. MAKSIMOVICH:
5
MR. BELLA:
I have nothing further.
Nothing.
I would ask Your Honor that.we play
Exhibit 110.
6
MR. MAY:
7
Conversation was on phone 219 949-3704 on
September 11, 1990 at 6:51 p.m ••
8
(Government Exhibit Number 110, a cassette
tape recording, was played in open court.)
9
10
11
12
Co, .
MR. BELLA:
Q
Lorri, first of all, there was some discussion about street
13
names and I notice one portion of the transcript it refers
14
to Evertt, Clayburn and 5th, sounds like street names to
15
you in instead of that?
16
A
Clayburn, Ellsworth but not Clayburn.
17
Q
Ellsworth.
18
A
Yes.
19
Q
And then also -- so when there is discussion about some of
Is there a Cleveland Street near you too?
20
the streets near you would Rutledge, Ellsworth be some of
21
the streets near where you were living?
22
A
Yes.
23
Q
Also at one point Willie Edwards tells this caller, We got
~
'\
the white now; do you know what that's referring to?
24
25
A
The white heroin.
PDF Page 30
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1
Q.
2
A
'.
L. EDWARDS - DIRE'
Can you tell us what, that is?
It's measured out of the teaspoon, the spoons that we used
3
to measure drugs with.
4
Half a T would be another measure?
5
A
Yes.
6
MR. BELLA:
That's all I have.
7
THE COURT:
Cross.
8
MR. MAKSIMOVICH:
9
MR. BELLA:
MR. MAY:
10
No cross, Your Honor.
I'd ask, Your Honor, we play Exhibit 112.
This call is from telephone 219 883-3811 on
September 14, 1990 at approximately 4:07 p.m ••
11
12
(
449
(Government Exhibit Number 112, a cassette
tape recording, was played in open court.)
13
MR. BELLA:
14
15
Q
Lorri, I' see from this transcript now you're back at 460
Taft
16
Place~
is that right?
17
A
Yes.
18
Q
And when Willie says Flakes just left here with about three
hundred of those things, what does that mean?
19
20
A
21
22
He had just left with about three hundred packs of -- $10
packs of boy.
Q
And is that the kind of thing that you testified about
23
before where tlakes would come up and pick up all those
24
packages and then leave?
25
A
Yes.
PDF Page 31
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SELECTED PAGES
CITED IN GOVERNMENT'S SENTENCING MEMORANDUM
OF LORRI EDWARDS' TESTIMONY
FROM LEE ANDREW EDWARDS TRIAL TRANSCRIPT
PDF Page 32
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L. EDWARDS -
DIRE~
907
Yes.
1
2
Q
Do you know Willie Edwards, Jr.?
3
A
Yes.
4
Q
And what relationship is he to Lee Edwards?
5
A
That's his nephew.
6
Q
And did Willie Edwards, Jr., do anything with regard to the
drug trafficking?
7
8
A
He sold packages, he would answer the telephone and he
9
would deliver packages for people who would -call and want a
10
package and Lee might not want them to come to the house so
11
he -- sometimes Willie would deliver the packages, you
12
know, to them; they would meet somewhere.
13
14
MR. BELLA:
Your Honor, I would ask permission at this
time to play Exhibits 82 through 86.
lS
~HE
16
MR. MAY:
COURT:
You may.
This is Exhibit 82.
(Government Exhibit Number 82, an audio tape
recording, was played in open court.)
17
18
19
20
21
MR. BELLA:
Maybe'we should just go along right
through, go ahead and play.
MR. MAY:
Exhibit 83.
(Government Exhibit Number 83, an audio tape
recording, was played in open court.)
22
23
24
25
MR. MAY:
Exhibit 84.
~
(Government Exhibit Number 84, an audio tape
recording, was played in open court.)
PDF Page 33
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L. "EDWARDS -
908
DIRE.
1
MR. MAY:
2
Exhibit 85.
(Government Exhibit Number 85, an audio tape
recording, was played in open court.)
3
4
5
MR. MAY:
Exhibit 86.
(Government Exhibit Number 86, an audio tape
recording, was played in open court.)
6
7
8
9
MR. BELLA:
Q
Lorri, we just heard about five conversations with Willie
10
Edwards.
The first conversation he agreed to meet that
11
person at the corner, and the next -- second one he agreed
12
to meet. at the liquor store, he said I'll be right on down
13
there.
14
the house, I'll meet you in the street behind Rutledge
15
Street and meet in the alley.
16
that Willie would do for Lee?
And I think the fourth one he said don't come to
Is that the kind of thing
17
A
Yes.
18
Q
You say take the phone calls and make deliveries, is that
what you're referring to?
19
20
A
Yes.
21
Q
Then that third conversation there was a beep for call
c
waiting; did you have call waiting on those phones?
22
23
A
Yes.
24
Q
And in that conversatfbn, Willie sent someone to Flakes and
tl
25
said he just left-here with about 300 of them things.
Do
PDF Page 34
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~
DIRE~
909
you know what that was referring to?
1
2
L. EDWARDS -
A
He just got his bags, 300 -- had to be dimes of heroin, it
3
may have been some girl, heroin, girl.
4
don't remember.
Or maybe heroin, I
5
Q
Where would Flakes come to to get those bags?
6
A
To the house on 4th and to the house on 15th.
7
Q
In that instance, Willie was referring to somebody over to
8
Flakes; would that happen sometimes where someone would
9
answer the phone at your houses and refer people to others
who were selling for Lee?
10
11
A
Yes.
12
Q
And was Flakes one of those people?
13
A
Yes.
14
Q
In the last conversation Willie referred to someone as
Little James, gave out his phone number.
15
16
A
Yes.
17
Q
Is that another one of those people?
18
A
Yes.
19
Q
What about -- who is Phenether Buchanan?
20
A
Lee's niece.
21
Q
And would she also do some things that would help in the
22 .
23
drug sales?
A
Phenether, she stayed with us.
Sometimes she would answer
~
\
24
the phone and sometimes she would -- somebody would call
25
and want a package and she would take them in somewhere or
c
PDF Page 35
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TRANSCRIPT OF TAPE RECORDED TELEPHONE CONVERSATION;
EXHIBIT 86 FROM LEE ANDREW EDWARDS T~IAL
PDF Page 36
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~
Pn-302 (REV. 3-10-&2)
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( .
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- 1 -
FEDERAL BUREAU OF INVESTIGATION
(
Date C!' truScriptloD _ _1_1_/_1_/_9_1
_
The followinq is a transcription of a telephone
conversation between WILLIE WORD and WILLIE EDWARDS, on telephone
number (219) 883-3811, located at 460 Taft Place, Gary, ~ndiana,
and subscribed to by LEE ANDREW EDWARDS. This telephone call
occurred on September 21, 1990, at approximately 2:45 PM.
...
This was an incominq call.
,
'.
':.
The call was monitored by SA DENNIS PHILLIP
;
HY~EN.
-.
c
24SF-IP-71386-dt;J71
24SF-IP-71386,Sub J~
. PUe' 24SF-IP'!""71386, Sub Icr
t
\
lDyutlaaUoD aD
( .. It,
~
9/21/90·
SA DAVXe A.
at
Gary, Indiana
aOTHb"'~dV
. Dato elletatecl
9/21/90
flail el~cumOllt eGDtam. Deither rocommadatiolu aor coadusfollJ of Uao PBIeIl II tlae property of tbe PBi aael b 10.004 to yoat alacy:
It a«4 It. eGIllat. aroDot to be cl".r.UJtne4 ofltlf~o your •••q. "
1 .i f')
n
PDF Page 37
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24SF-IP-7l386
2
Willie
Edwards
(WE):
Hello.
Willie
Word
(WW) :
WE:
".-: ..
f"
,.
".
'
..
....
'
,
':-
:.
~nintelliqible)
WW:
Ask the old boy can he fix me sumpin'.
(unintelligible)
WE:
He not: up I man.
WW:'
J:s Lorri up?
WE:
No.
Ain't none of 'em up.
WW:
Hmm,
1ml1m,
WE:
Hmm huh.
WW:
Goddamn.
WE:
Wh•••what: was you looJdn' for, 'though?
.WW:
A 'twenty.
J: ain't
They 'sleep.
mmm.
J: need it: bad•
..
WE:
~telliqible)
WW:
:r
WE:
Yeah, 1: la1ow, but ain'1: nobody up, 'though.
can call back maybe 'bout a hour.
WW:
Yeah.
WE:
Oh huh.
1m:
The phone been off the hook.
WE:
Well, J: don't know, J: don't know., (Clears throat) J:
don't know.
WW:
Has little Jues still got some?
:.
..
Hey, Willie boy I how yeu doin'?
need it bad, Willie.
tI
'.\
00144
1: tell you
c
PDF Page 38
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245F-IP-71386
--3
WE:
Yeah, yeah.
WW:
You know his number?
WE:
Mmm huh.
WW:
What is it?
WE:
Eight eight six three six one one.
WW:
Hey, ub, I ain't qot another quarter.
and call him for me•
WE:
No, man, I'm not, no.
WW:
Z ain't got another•••
.. ;
WE:
to
(
'.
0"
0""
..
.
•
I
:r don't even know how to do all that.
that.
Put me on hold
J:'m not gonna do
WW:
six three six one one.
WE:
No, yeah, six three six one one.
WW:
Okay.
WE:
Yeah, w••• 'cause I don't know how to do all 'that, man.
WW:
Okay.
WE:
:r wanta, I wanta lay back down.
WW:
Okay.
WE:
Okay•
WW:
All right, all right, thanks.
WE:
Okay.
.....
(Hangs up telephone)
(End)
00145
•
PDF Page 39
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SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT
OF DEA SPECIAL AGENT VINCENT BALBO'S TESTIMONY
AT LEE ANDREW EDWARDS' SENTENCING HEARING
PDF Page 40
1
2
A
"
doorway, it p~obably
,
area.
And did that shot careen
Q
_.
6 .,
.'
,. 7
,
:
'~_traight
>
A.,' Whe re
em angle -or go,
,
'.
down the halJ.way?
.- ug was
the
,t
.'
~sl
.
its angle and ended
..
•. 8
'
.
•. 9
-
..
,
10
-.• ,.
bedroom door?
that hallway ,
t
',.
A
Yes
.'
17
)
Q
I want to draw your
attentj.c~ !'.C"'.'.
S?ed_~.J.
Agent Balbo, to
18
your investiga'tion regardi:!? _':.~e ';t-.'.?nti ties of drugs that
19
Mr. Edwards was
20
that he participated in hi::
21
there was testimony
22
sources of supply of Lse
E~w?=~:
23
there was some testimony
r~:;r?::>:':'::7
24
Nigerian by the name of
responsibJ.~ ~a7
d~?J.in?
during the time
dr~= ~=~~~i~~ing
durin~ ':.~!
':.=i?~ ':.~~':.
activities;
there were some
~~ ~~=~in
and I think
" ::;.?.:-:mond IJavis and a
_-'_!:'~_:'c':::-' :_=,;~._1.c
. .~,·-r.-!3.. E-L-E,
-'
25
THE COURT:
Coun.sel. - -r,·· '. ':.:
1',0
J.1().V~·
to slow
,...
PDF Page 41
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16
-Q
-17
in~e=views
A
Yes, I did.-
19
Q
Drawing your attention fir::t ':':'
tell you about his
21
of heroin to Lee Edward37
Da,vis, what did he
-">:_:-_-!'lon~~
activit~es
20
23
that were conducted
of both individuals?
18
22
)
Did you also participate in
~
source of supply
,I
MR. JACKSON:
Th8 question
calls for hearsay an3Wer_
You r
24
MR. BELLA:
25
sentencing hearings.
./
HO~lr:···.
' ..
~.
.:.,.(l}tt).:::::ible during
PDF Page 42
.
,
19 of 1992 !
A
~
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6
e.
.,
1.
p<:n:o~",.:n:-
"
this'bui1ding on the fourth .floor with FBI Special Agent
.
.'
. , It;,; ~
.
~Karen Pertu50. .....
-
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tt ;;. ;'.
' ~~:.'..~-' I ' .: ..
'And. duri.ng
. _
..::_
the~
.'.
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.t~ ~ '., . f " 4 " ' \ ' .
..."1~.
cours<: of'th",.t convers'j-tion, Mr.
I
' .
~
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..
...1.
that on a ~eg~l~r ~~sis h<: suppiied Lee'
~
t
'.
:~:
)
~eeks
there would
~s
13
Some
16
And in all cases we asked
"
-
n~~s·
~r,
~~d
D~vis
some weeks'there
to give Mr.
17
Edwards the benefit of the doubt. take his time regarding
18
those
19
Edwards the benefit of the dO'.'.':-t. , ..
20
approximately two ounces a
21
year regular basis, and
22
the market fluctuated 1:".'1: :'':'=1:1'.,
23
an ounce of the blC'.ck t?=
quant~ties.
24
THE COURT:
25
THE WITNESS:
And he said in that case, in giving Mr.
wcs~
th~t
':'~
M=.
t~·
1.'-' ~":-
!lS'-C'~.~~
6700.
~
c.
hc.ve been
~s~oin
5~w~rd~
-
. ../
'';':'l.tld
for a two
would pay -- as
~.,?pr.o;",j.mately
$6700
PDF Page 43
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ei ther -_. in -most cises Mr. Edwards .,or
,~
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one "of the people that Mr~ Edwa~ds di~ected the activities
16
.
.- .
-
, -,
~
~
17
of regarding drug trafficking, woul1 go make the pickup in
18
the City of-~hicago or on occasien M~. Davis did come to
19
Gary, Indiana to make the delive=y
20
Q
Did Mr. Davis come up with
total black tar heroin
21
h~
~~
~&~~~~~~
':~p~lie~ ~"
0f jU&t how much
Lse Edwards' drug
22
23
A
Again when we talked
t'J!1~
24
Edwards the benefit of
25
comfortable with the tetal
t!"'.~
':'7'-' -. "'""
~_&);"2d
him to give Mr.
he felt very
...~,... ,:...-,-
,~~
o~
1:ilo9rams of black tar
&~::
hE
&~id
PDF Page 44
,
.
BALE·I)
,., .,
;.,.
,
I
"
~
heroin
..
supplied ~o
..
Mr.
~._
He felt that it was
,
.'.
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I.:,
what he' sa~d that he wO'.tl<3 J:-: ;::.C'!1'.f'o"t~.ble
3
4
...
~
Mr. Edwards ·the'benefit of
.,
5
~ le~s,
the,10~bt.
7
'.
..
t.1e€ks
.'
. given to Mr. Edwards
.
.7:.
.;
.;-om~
.t
and Mr.',Davis told us ~th~t.~i~ kilos" of ihe drug were
,.
.8
l'
that some weeks he purch'?~':d 1!ic~"
•
6
.,
~
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And' again this isn't
Q
'." I'
"~9
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,.....
,~~.
4,
time, is it? '..".
•
10
again as
No, this is
A
•
,
,"
,
~ndic~~~~.
!
«"
"ounces 'on a pickup a'nd
•
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13
•
,
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two-year
period.
.
...:
"
SO.over a ~wo-year period ~~ ~~e,"? ~n? ~~d two ounce
Q
-4..
14
15
'..
"1;t
(
•
quantities Mr. Davis
"
estim~tec1..
::);.?7: ';he
black tar heroin he s~ppli~d'to the Lee Edwards prug
16
trafficking organization conservatively was six kilograms?
17
A
Yes, sir.
18
Q
And did Mr. Davis also on
occas~0~ s~pply
of heroin, that is, whits
heroi~.
19
20
A
21
Q
'"~l'l·l;.e·:'
of white heroin he he.d
23
trafficking organizati0o c
25
A
to Mr. Edwards?
Yes, sir.
22
24
a different kind'
Mr. Davis said that
nor.m?~.!.~-
Edwards would be the blae!:
-..:"
t~r
-.'
-"'.
!,SS. Ech'ards drug
?"-
~~~
hy
"~ew
for a fact that
.~
,
.
PDF Page 45
"".. :.
,BALI'':'
'
~~
"
.there were' occasions ': th?t"
"
heroin from him,
.'
He was 'certain of thi:'
'-
~.
~
'occasions of ~hat hap!?~niri~!,t-ic<.'.,,i:;!i·
.,
5
.
6,
,-
~
th~
availability was ·of
le~st th=e~
, He said that ?t
' ,.
"
PDF Page 46
S·
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~
....
.f
cooperating individual wh0W~~ ~~c~~ ~c~~~t~d~by Mr.
Edwards, made a consensu~l ~c~._v~=~~ti~~ or rec~rding or
5
W'
6
..
. . . . .
t'ra:,nsmi~t~r invol;,ed
..
.,
.
\0
•
.;
c,?nve=s?t:',:,,, '·'!.th Mr, D~vis, w~erein
C'.
,
Mr. Davis made a sale of
•
.
-..
thi~
.
.
-,.,.'
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~...
-,.
t<>.r he roin to -
.
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'su,bject,;,
the cooper::!.t5.n?
}:nd!,-'!.d'.E',1.,
. .
.
J.
ounce of .. heroin, that. )1rJO. r~.yis..
.-
~~b~i~t~0
13
Q
And what was the resu.lt of
14
A
It was found to contain
15
Q
i"m
Ra.ymond Dav~s'
~
DEA
t:~?':, ~.:;,::!.ly:;i~~
he~oin i~
.
~
,
a strength of 35 percent.
~
"
going to show y~u a chart, ·Spec'ie'.l Agen't Balbo', which I
16
will probably refer to severe.l t:.!IlS:3,· Ancl if the Court
17
prefers, I
18
exhibit.
19
..)
.,
~~
"
can mark it as an exh:'bit or submit a one-page
THE COURT'
I
hav~
nc
0hjss~i~~
20
stipulate.
21
page so it can bl? mads par': ':':':
I
think we want tc
22
MR. JACKSON:
23
THE COURT:
=s~~~s
t~~,;:
if
~ounsel
can
it to size of one
=s~':'rd.
The.t·" ,,5.:.:,.. You
rno?~-
t}::~
:.-:--_
24
you may substitute .
25
identify it as an exhib!.t. ?:'.c'.
.;:.:~
'.::~:'
·~:.·1'·t:
now.
Counsel,
,,,I.:.,:". :.")U ::ubstitute it,
PDF Page 47
•
""':(:~~~~~~~2S:;.-<' ·~t!..1.~~:Jf;S=:U~".:J'f~~O(f~Wt;.~lt~I~;;;:~rr.~::::~:f.;~:~.:.!!'..:~~2:!~!~-tt::::~.:::;:;:~:::~~::"!::ti:i~~~~:S~"'P.::r~~:~ S=t-~~?';:~;'C~~1·~U:·:<:--r. i>1'ii%:"......
~••~-::.~~~e.~"-
.
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BALBO -
put it on ,the
1
,
,
·0I~:~:c::r
,
exhibi~ it~~~~:
."
2
half by eleven.
>.
.' MR.
3
THE COURT:
4
'.'~
BELLA:
And
yo~~=~
Any
obj~,=~:ior.-?
?~in- ~~
.
evidencei'
5
6
THE COURT:
7
~ ..~:
MR. 'JACKSON:
8
Sho'"
co.n
',"
,Ill·
. ~
,.
.,,"":.r~
o!Jje,=-:i("~
;
,
,Honor.
9
.s :.
THE COURT:
what·~
the
cbj~c~iQn7
..
THE COURT:
MR. BELLA:
r-
!i':~
t~
do. Your Honor, is
14'
use it as a deIit';nstra,tive ~;;hib!.'':: fc!O•. th-= time being, an"d
15
as -- as special agent Bal~o tes~··:i£~.~s·.
16
THE COURT:
17
. . MR. BELLA:
18
19
.. -.../)
What! would
You may .
At the concl~~iDn of his,testimo~y I think
we'll lay the foundation; I'll
Q
~.
Special Agent Balbo. you
r~s~bmit
at that time.
tcz.~if~~d ~bo~t
~-:"'a_':d.z.,
.,::~.
Raymond Davis as a
,
yo'!, s;;>j.d Raymond Davis
20
source of supply to L'2'2
21
estimated a total of
~i;;
J:!.l,:,::: ,,--
)~1.?.':),
tar heroin, which
22
would be a total a 6.0"0
?~a~~ o~
jl~s~
tar heroin that Mr.
23
Davis supplied to Mr.
24
that correct?
25
A
Yes, sir.
r-:-:'_v.?·-~,~
','"
-- t=:'-.' ':wQ-year period,
is
PDF Page 48
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,
And about three:Qunces
"
"
,
t
2
ounce fot 85 grams of
3
correct?
.
,
,
0~
'
4
A
Yes.
5
Q
For a total supplied by M=,
6
, J~.>: ~
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: -.. ., .
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~.~
correct?
"
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cf 6.085 grams, is
D~v~~
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That is also correct.
.
~.
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-
8
You testified that when you
9
purchas; of ~eroin,frpm Mr. p~v~~/ the~heroin tested out 35
10,
12
to make a controlled
,.
percent purity?
Q
•
13
...And
would you
~
.'
purity of the heroin
M~_
r~~';is w~~
$~pplying?
"
14
A
15
, Q
Yes • .
, .'
And'at a 35 percent purity. fo~ ~ tot~l of 6,085
"
."
)
..-/
16
supplied, if that were reduced to pure heroin, 35 percent
17
of the total supplied wou11 DS 2·130
18
A
Yes.
19
Q
So if we were to reduce the
gr~ms,
5."~~ ?ram~
supplied to the
20
Edwards drug trafficking
~-~~=i~~~i~n ~y
21
purity, it would give uz,
,,'),?r~=,:.:,,:?,':r:l,:'
22
heroin, is that correct-
23
A
Pure heroin, yes.
24
Q
I want to refer to thi:;
~'~";.::
Let's turn to the other
sc~:=~e
25
is that right?
the 35 percent
:::.).30 grams of pure
.!,,:,':er :,r: :.:0'.',r testimony.
~U'?91r
now, Abiodun
"
PDF Page 49
,
1
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·,arrest of
2
< .'
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3
,
Agbele; did
, you also
A
. ':'."
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p~.~+:i":~.p:;.+:..~
4:h~
Abi6du~
"-
"'Yes;_ sir, I 'aid:
"
4
'Q
And 'after Mr. Agbe1e was 2DP~ehe~ded
did he cooperate
-- .
\:o'.~:-"e!.:':
,was he interviewed by
5
<,,:'\-:1
:::~",ci?J.
Agent Karen'
'Pettuso 'of the FBI?
.7 :.,!'<. ,•..Yes,
..
"
interviewed by us or we 2sked ~im ~~'~e conservative; 'when
9
you say we, would you be
.'
~~~e~~i~?
to youse1f and Special
"
Agent
Pertuso as there
,
. .,--.
•
Yes, s~r.
,.
~
~
And with regard to Mr. Agbgle
,
"
15'
A
~hat
did
in supplying the
;;o.c~i~:i ":j.~s
He advised that he
su.pplie~l,
Lse
=:d~''''.r-:1,:;
exclusively with
white heroin.
Q
20
22
,
A~bele;
Edwards drug trafficking o=g2~izatio~ with heroin?
16
21
-
Agbe1e tell you about his
16
19
indicated that you
?~~
Special Agent Pertuso interviewed Mr:
14
17
~~~,
And did Mr. Agbele telJ. ye'.', hop he ?'Jt into the business of
supplying Mr.
A
Ed'~arC!.s
<',".C!. !<'':'''' :;>,",r:, ':'s ;;'.,ppJ.).ec1 Mr. Edwards?
Yes, he said that he had
Nigeria and enrolled in
~~me
t,:, t~~ ~nitec1
States from
c~!le?e ~nd5~!ntually
got involved
23
I
,j
24
Edwards.
And
25
introduced him to Mr.
wh~n
his
u~~s w·~'
Edw~"~~
"-
~~~"
~~,,~
~o
Mig"ria his uncle
Ilim off as a client,
PDF Page 50
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:;>Ft.al"l~lY~:~:-"""~~'~'~'a:::t:-"$'":.=>:BI:ljji!ll.
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1297
,
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an'd Mr. Agbe1e b'?gcm di.:;l:.r:,b':.':.'.::l'
,,
,
...
...1
'·'h~:':.~,h1roin
. ~l
41
Edwards at his G,.ry
~
..!
BALlY)
, '
1 •.
)
~
;r~:::j_cT~!!c~.
L'
.'.
3
Q
At Mr. Edwards' Gari
4
A
Both of them, sir.
5
Q
I'm sorry?
A
Both of ,his residences,
Q
1522 Taft Street and 460
!esidenc~i
)
6
7
.•..;,-
-
-.
"
Tc~ft
Pl?c:e?
.'
.
8 "'. A
Yes~
9
What did Mr. Agb'?le te],l ::-"'-' abo-:.t +:h", q'Hmtities 'of white
Q
.,
-
",
10
Ii
heroin he supplied to Mr.
t
A
I.
Aga~n
·1
•
~dwa=d:;i
•
...
L
...
\
'in",intE;!!views ·.w~ th M): _ 'Agb~l~" 'we had, two occasions
•
12
in October of 1991, ,.. two, occasion:;-+:o ·spe~k to him, two
13
interviewi, myself and
14
Mr. Edwards the benefit of
Sps~ial
• 1990, Mr: Agbele sold him
te~
-
o~.!!!c~.~
And then subsequent to +:hc.t
16
?~=+:uso,
the'do~~t, ~that
,,
15
A7snt
')!).
again giving
between 1989 and
of white heroin.
he distributed.to
17
Mr. Edwards another 180 gr-ams of whi':", her-oin in February
18
of 1990.
19
Q
The dates on which you inter'Tiswsd M=_ Agbele in October --
20
THE COURT:
21
THE WITNESS:
22
THE COURT:
23
MR. BELLA:
24
25
180
o'-,.!).c~:'?
No, 160
:=a~i
Q
do you know what those
wa-'
7
-
PDF Page 51
,
•
"
"
1
:
A
Yes, october 4th anc1, ?l:h
Q
And during what pedo(1 of., ",i.ie,s "":.'"
':,
;>
0::
1
")")1
~
.a-'"f):I'
2
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~
.;.l
to
"
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3
;
,Edwards with thi:; ten
''f
•
A
5
",.'om,:'::;
,.;:
And this ten ounces of. whi !:£ he!:,:,i:! th::','t fir. Agbele
Q
source of that heroin'
supplied to Mr. Edwarc1s,
,
.\.: .",': ~ .. "
to Mr. Agbele?
"
7
9
Q
You indicated that hi:; un,:1e
.
".~
'.
NS=~ b~,:,!:
to Nigeria, is that
"
correct?
-, ,11
~'
'
""t ,
;I.,
:'
12
" .
-
,
Yes.'
,I .,..
...
And did he leave this-ten'Du~ci:; o~ hs!:oi~
.' A"
o
Q
"'-
,
to supply to Mr. Edwards?
13
A
14
Specifica1ly for distribul:io:! t':'
I
15
.
:
'
Hi s uncle'.
10
r
,
A
,
0
,
And then Mr. Agbele told
Q
.'
.
~=.
Edwards.
YQ'.~ t"'.2i: ',~, Psl:ln~ary
of 1'990 he
,
16
distributed an additional l.80 ",=,-,,::;-,:; of "'hite heroin to Mr.
17
Edwards, is that right?
18
A
Yes.
19
Q
Your understanding that ths t£c
20
was left with Mr. Agbele
21
Mr. Edwards at tJlat pcint in
22
A
h~d
7~n=£s
of white heroin that
al=eady been distributed to
~~.~~~
He had already gotten ':i,,=, 'If. ,:1,"'" .' .'. ~,;,'O'.J. ten, and then he
23
24
25
.'
"
~'
8
,
~~£ 'h·h:.t? h~roiri
Between 1989 and 1990.
6
,.' '<'!'
.
,
Q
secure another 1130 :rr'O',m:; -:--"
':~~-
And did Mr. Agbe.Le
;-~
desc,-!,~"
'-':i.",', h"':'J;,n.
"'.".', h'J"'
!1€
"as able to corne
PDF Page 52
l • ....~.
.
;"'~~:'::i=-:<~~~-',.~i!;":i~~';':"i"'~"':'~':>:'~~':':o:"'~;':'~~¥,*~';':'4;::";:;:i:;'~;"'.l.~:;"::::!:~;'';~;':';'~;''?~''':';-'''''·'·''''r
....·...t-:..:: ::;~~~:.~~"C"~r~~:'~,;>i' ,
.,
I
:
.,e
.
into possession of
,
Yes,'
he
had
..
..of.'
')
th~
, ",
indi~ated
-I"
•
'_~being' map e." to ,him; .~h."":
Cice ro 'Avenue near the Mic.>'c.~.'
i(
•
"
who had 'brought .in q'}.~nt:.i+:'5.,::,s .::-::: "1!,:j.~,=· ~!e!'oin
,
-<~:/. ~
"
>
,
,
J-.~. '," ~ ":.:
"
had the 180 grams
6
'.',
;
"to:
....
• " ."
~~ ~: ":'"
: '.
~dw~~ds
...~
~hat"
and·
-::
•
·r
'..
ne
•
had continued
.,?,;; •
.C.to make contact with him lookin2
". ,
- for additional
....•
':"
:l-.
?·... t...
.- v·
to' sell,: and that he "'me.d!2· th~ distribution. based on'\~
'"
..'
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, .
f
~nd the fact that·Mr.
.,
.
".
r
~,
Edwards was a .regular client cf !',is.
l
.~
~.
,.,
"
I
Agbele in
..
:3
"
.
hi~ prior d,e;alings wii:.h Mr::
,
10
"
-'.
::. -
;
-
".
"
ounces 'of 'white
•
·total'.distii!.l'.~ted.
fen
.to.
e
._
'.'
:f:'-~·.t
.
':_~'~""""'I
",
.-
~,
heroJ.n and an'~dditional l~O.~rami'cf white heroin t~ Mr.
;- ...
'''-~
.'
Edwards, 1s that correct?
13
,.
. "',
tha't's correct.
,
t-- ~
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,
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15
And you indicated these distrib~~i~ns would be made' at >Mr.
16
Edwards' residences, is
17
18
~
21
Yes, sir.'
Q
Would Mr. Agbele visit Mr. Edward.s' residences to make the
deliveries?
A
what stuck out most iD. hii n~!.;c.~ '-'~.':.": ?:).<:'C'ma-U,y there was a
_ and he normally '",ou.ld.
23
Mr. Edwards or one of
24
house and meet hlm.
p,?::,~
h; ~
r
rssidence off 460 Taft,
doctor's office near .f'1,':
22
25
csr=sst?
A
19
20
th~t
?':
.. 'S'
.«
:'..= . :; office, and then
,~,":.::!:_.
p.
. "J'.' I cl
'10
!.nto the house
". -+
PDF Page 53
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........:'·.t..,.:;;);)~~~;,JN~~:,:;{"
.
~iol~~':'::i..'l~~:':':i~:';'~I~~':;~>::'~·~~'"
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'.:~:~~J''''~:;~:-?~:i~~;:~'''-';:J.~'::~~~;::''->:Z~'''''::::.''';'~''':'
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e"ei~ t~
Draw yout attention
•
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1300
.,
1
~~. :\:S:::::J.
~~e=t.
indicated that
.,,,
2
Abiodun Agbele distrib~~~c.,;=i=~~
3
white
to Mr.
. ,heroin'
,.
=:.;r',,~.::r·:~,".~.
::',-,
.. ,:
total of 283.5 grams,
A
Q
>.
,That'~'
i~
that
~c==~~t?
correct.'
And 180 grams of heroin d~!i'rs=s~ in ::~~ruery of 1990 and
· ':: ... ~ ~.:~!-:~... ~\.~ ..- ~
, '.
the total
of
the
180
qrams
?[ems
was
463.5
grams,
:.......:l.. '
...-,. .....~_... .,.....
is that coi:r~ct?
.r _
"
·
M'
'
.,.
..
A
Yes.
Q
Now, did you also have
A
,
Yes.
Q
Prior to his arrest?
A
Yes, we did.
15
Q
And can you tell us how th~~ .C~~~ ~~out?
16
A
On November 20, 1990 coop",::;;>.tir.,? '.ndividua1, an individual
•
..
,
.
,
.
I
oc~~~i~n ~?
maks a controlled
.,
>.
k
17
that Mr. Edwards was controlling end directing in the drug
18
trafficking, 'agreed to make e
19
And in fact made phone
20
completed a transaction
21
white heroin at McDonald'~ ~S~~"~=~n~
22
Hammond, Indiana,
con~2ct ~i~~
f~!:
th~
heroin was purch.;\sed £':J:
24
Q
And what was that date
~ ...•":\'
~g~in
~
purchase for us.
Mr. Agbele, and in fact
O~=~h0~~
•••••
On that particula=
23
25
con~[ollsd
?D
_ •••• i- .. ~
of one ounce of
Kennedy Avenue in
._.-
O!1(:'
ounce of
PDF Page 54
,
•
-
.
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1
2
,
-,
A
November 20 of 1990.
Q
•
Was that ounce
•
~.
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,
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£-:..:' ~·:!~.J.:-;.:5.~?
3
4
'.
,-
..
...;:.:..
: .).'.,:
..
tr-~t
~~~2~~i~?
5
Q
And what was the resu2t of
6
A
7
Q
of 50 pe rcent.
It 'was found to contain h~=Qin ~~ ~
~t .:i'.
',.:: :.
.Drawing
your
attention
b~ck t~ t~s ch~rt. did that
,'.
- ' . ..
...., .
'.
~
8
controlled
9
.
~urchase
~n
give you
'
ide~
of the percentage of
percentage purity of heroin M=. Agbe2e was selling?
10
A
Yes.
11
Q
And.you said it was 50
12
A
Yes.
13
Q
Drawing your attention
~.
to
t~e
ch~rt
just a moment, Your Honor_ .
14
. 15
16
b~c~
THE COURT:
Q
You
sm~12er
If I may refer to a
.
m~y.
ue=~ion
Yo~
Your Honor,
"
of this, I don't think
.2re~dy
testified that
17
it got blown up on the chart.
18
the total of heroin that Mr. Agbele testified to or said
19
that he delivered to Mr. Ec\"?.=c.s
20
right?
21
A
Yes, sir.
22
Q
And at a 50 percent pur!,'::'.'
grams of pure heroin,
!.53.5 grams, is that
'::~i:.': ···~·:lc. tr"'.n~late
-
23
.,'~.~
-
~s
24
A
That's correct.
25
Q
Now, if we may P'lt those
~~:~~
,:",:~.J,z.
-
..
into 232
::r=-=
.;.. ":
':Y,'ether. your. previous
.=
PDF Page 55
;
•
..
.....
•
~
--::.:
....
, . 1302
.-
'Raymon~ ~~~ii
1
testimony was that the
2
pur.ity translated to 2,J.3" q::~.C1.:' .... r-
3
~gbe1e
4
translates into 232 gr~.m", "f 9',~:r:s '-,~,-'J5,n, C'.nd- that the
5
total of pure heroin wa", then
6
.... .,..,
-
.
~
j
~~
heroin.at 50
2,~5:
1
.... .
he:r:o'in, and,the
.
~O
~
.to
per~ent
,
purity
?,-ams, is that right?
Yes, sir.
A
"f' •
r~view the~s
7 ",'Q
Have you had occasion to
8
and do those appear to be
acc~=ate·to
9
A
That is correct.
10
Q
Now, we have -- from Raymond Dav5,:o
11
'.
calculations before
you?
~.z:c1.
...
..
Abiodun Agbe1e an
equiva1ent,of ~,362·.gram:o af p~=s.h,,-oi~·comin~ into the
'.
•
12
-.
would'Lee ~dwards'turn around
possession of Lee Edwards.
",.
13
and sell that pure heroin on the
or would he do
14
something to the heroin before selling it?
~t=eet
"
15
A
16
out on the street as he
17
by informant information, as
18
conversations on the telephone,
19
was not ready yet to bg
20
Q
22
pu!:ch~ssd
wel~
_that he would
.to C'.'.t
W~.:o
was also introdu':ed ir!
24
cut the heroin,
is
Yes, as well as
paraphs~n~:.i·'
25
A
And that's backed up
,
,
ai some .of the
~~'J~t
that the heroin
~--/
':>r.'. ·.·:.::'.C~
cc"
Mr. Edwards using a
e-'2'" 5.ntroduced in evidence
l:~:=·,:,,'..:~·
23
th~,t
it.
di~:tri~~~s~
( think 5, t
us'~
he would never put it
i=eica~ing
And there was testimony at t:r:ial
coffee grinder,
21
-,,'•
heroi~:
No, he would always cut the
!
iI. To
':h5_!'.k some lactose
_
Ed.WCl.r.ds used to
=s·;~. ~
.
·.~t~in9
the paper,
the
PDF Page 56
~~~: '~'~~'.
~
Q
>
was selling on the
Edw~"~3
street?
Yes, sir.
....
Do you have
befo~e
YOQ a
14
summary of those lab
15
the quantities purchased
16
heroin purchased?
s~ri~s
cf
~h0S~
rep0r~s in~~~ating
,
,
A
Yes.
18
Q
And can you tell us what those were?
19
A
Yes, on March 23 of 1??0 a
grams was made; it was
21
Laboratory and
22
percent.
analyze~
the purchase dates,
'
~~~ti?rew
,17
20
lab reports and a
=on~r~~led
sub~i~ted t~
and the purity of
purchase of 11.6
the DEA North Central
': ('~. i: =: .:. n. h. 'S :: ':' :T.!'!. :'.....11. pu r i t Y 0 f
4. 7
23
24
were purchased, 0ne
25
5.7 grams.
: ...
~irams,
the other in
•
.
PDF Page 57
'r
:"1l:r.,p~ ..:;r..t":~~':J"'\.f:i~;':>"'~"._V;~"~"'~C"-:"~~"jr.~:o...:x.:;:Jt.:;:..:\:":1:'.~·:'-?~~W';'~~i;·!~·l06:":J:J~:i;l:;~-:o:;.:~~~~~~.~,~~~-:;~:.:.:~
.;..... ;.t>;:~~~:-~:el'::~~~~
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1304
...
analyzed to
~.:
central
Laborato~y
in
C~i~~?~
,I~~i~~i&
and
,
"'.
,,'
4.8 and 4. 7
•
percl~nt
be
,
.~,
Itt
P."!:';
:
. On June 1.1 of
~d.'J".r.C'.& ~.~
were purchsed from Mr,
and it was submitted t':'
"
l:.h~:
.
'. .
.~
,';
.:-~
.'
::~nl:.!:oI1ed
1)El'. )T.~.:,:~-
and analyzed to contain hSl'oin.
'.
?
i~.
.. l. , ~. \
purchase, '
'-",ntr<'.J, Laboratory'
? ..D~=c~nt purity.
~
I·
•
14._1 grams of
On September 5 of
heroin were. purchased from Mr. 5d w arc.& in a controlled
,
purchase.
It was
submitt~~:. t~
!~01:th
!.'E,"-
Central Laboratory
"
he~,:,i~ i~
and analyzed to contain
On October 10 of 1990
heroin from Mr. Edwards in
grams and the other 1
~
psrcent purity.'
tw~ ~~hibits
contr~llec.
gra~
~he~ w~=s
were
purchas~d
of
purchases, one 85.8
both submitted to
the DEA North Central L?bo:~?to=:.- ~.:o. Chicago; the first
14
1."-
1
. ,
15
exhibit·ofB5.~ grams'was ~~alyz;~ to be 4 percent pure ~nd
16
contained heroin.
17
percent pure,
18
Q
oth~r
Just? m!.r!'J.ts. ::o'.'.r..&eJ..
20
purchase, which ,..,as 11.0
21
date was that?
22
THE WITNESS:
23
THE COURT:
24
MR. BELLA:
25
Q
one contained heroin 47
The
THE COURT:
19
The
I notice that the
:;~:2.m::
June
11':h
.
f j..,:si:.
.:;'
.. ,
The third
-:'!:.-:s,; :;,,:!",,:cznt pure, what
~~ -
1??0.
_. - =
=
heruin purchased,
PDF Page 58
..
~:-:~:,:~~-:~~::~:,:r.t~ ~;,::;::;;:~:.:o=.::~'l:':':':':";'~':~~::>~:~';::;::;:; :.:.:::.: :':':'::'t;::':':-~:':':':'~:;:-~::;:~~:~;:;'~";"';';';";:;:~;~~':;;~;:::;:'::';:;:~:~:!':«;'C:':l:':-':'~':'~':':'~:>:':>.~B:-..
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of them on one
.tWQ
2
dat~.
five percent pud,ty.
':"T~r.r"'j"
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.'
[
j
.•
f·''':'~. T..,~' ·~.)t·-~.::d~,;J
A."'.G t:ho;::o
stands
out,of
. . one
gr~m o~
attempted to
been
one
':~o;:,-o;:':;:
-
3
were
"
~
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To
.~ ~S~ '~;'': p~rity:
.
4
-5
1'~
,.
..;: .:':' ...• ,.
. ..
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6
-7
8
I
9
~
Yes.
f~r
A
I.
~
•.
If you notice,
"
as I indicated, it
11
,
.
Q
.....
.....,.
K"
Okay.'
that was for $600.
.
"
':c':@~
.
of 11.5 grams purchased
... on Ap ri I 23,' 1990; wha t W~,[; t!:'.s t,~,:~,~,
MR. BELLA:
A
18
. ..
"
11.5 or 1'..5?'11 point
March 23 was 11.6.
On April 23 there were' two separate;"
and they would be totalling 11,5
MR. BELLA:
19
Q
I'm referring to April
~3r'~'
':h~r~ -o;:=~
two separate
packets.
21
22
. = _ THE COURT:
23
MR. BELLA:
25
An~
r'
16
24
?r~~
April 23, 1990; you sc,ia, th~rs 'vsre t"l'Q packets ~f hero{n,
-THE , COURT:
20
ono;:
Let's 'draw your c,tte:ltio:o ":6 th" purchases made on
15
17
w~s
5.8 grams and 5.7 gram:;: fc,- a
13
.14
,)
l@:;:t purchase?
~Y9s ~~'q~ant~ty.
would be charged for that
10
,
':~~~
Yes, sir"it was a 1ittlo;: bit hi7hsr than what normally-
•
f ......." ~
that last' one?
~dw~rd:;:,
-~-
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.
,
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me~~'
Q ,',And was extra money paid
~.
.~
hav~
Q
5.8 grams and 5.'7 grams
on that particul,H
Oi.',tS.
£~.,
!
".''', .. ''
........
?
. . :~.(
~~tal
':'.f)t~.l
of 11.5 grams
purchase price
~
PDF Page 59
...
.... BALB0 -
.
•
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1306
•
paid for that?
,,
'
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A
$1,000.
Q
So a thousand dolle-.r" f-:::
A
Yes.
Q
And for just the one
.-.'. ,
:::
',::" ;z
~,
'.'
':he-. t date?
~:r
"
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,
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A,
Yes.
Q
And bn June 11 there waa aooths=
A
Q
.r
is
sl~vsn
r:::
:;::-1.':';.
grams'purchased;
~:!-?t?
;'
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~~g~~=~
A
Correct ..
Q
You testified that you bs Cc:!n:?
.
.
~.
'.
investigation, did you
becom~
w5. th the
:: 2.!:'.i J. :L c. r
"
fa!=:d25.ar with the phone calls
,
16
that were purchased -- tha': were mads to Lee Edwards or to
'17
.)
. :5600 was paid,
So th'e purchase price ps= ",-an ':c: ':l~.~ one gro.m of more
pure'~eroin was quite a b i
.'
(\
$1,000.
"
15
'.
II' "I.;":..:
"
what was the total pu!'ch?sc:~
14
~-:i:"!:'s~
',!!
',that right? "
. A
.
?r~.~.
th~
18
and
19
sell?
A
Yes, sir.
21
Q
And what kind of
22
A
It was correct that
quantiti~=:
ws=s
~~O
bags of heroin
E::"'-,~·--:·.::'_~Z
w~"
purchasing small
:!~
24
and boy and girl, bercjn.
'.,::':~~-"
t~at " "
':h?t would calIon the
==
phone would be purcha"in?
And so would you say
~~0S2?
n0':~.;..),:,::'~"':'-').·,
23
Q
Title III wiretap
kinds of quanti':!s!' that Les Edwards would usually
20
25
':h~
his residences during the period of
~~~~
•
PDF Page 60
.·1307
.
,
,
j,
,
quantities in a 'high vol{1!!',~'
,,
th~_!!
.,
•i
,
.
'-
And these $10, $20 ba9
,
-.
':1. •• _ • •" -:- _ ••
~
"f
l-,'':'1'''~in that would be
~
"'.
sold on the 'street, in the
co,<"~~rs'? Qf yO\.1,r
DEA agent have you come
hav~
as'to what the usual
.....
'
~o
~~
experience.
Exp~!'tise
a~
a
or knowledge
.ou1"ity
..'
. of heroin in those
str~et lev~l
'.
,',
~e?
" small quantities would
A
s....;
".~,,::o:.,J-;
l
.: .....
large quantitiesi
That's exactly correct,
A
Q
."
,
"In my experience as a
~n:':Q::r:e:1\e'-lt
J.e',W
'offi.cet working
"
narcotics for .!lver 12
y~?!''''
..~. ': .
v~-::7
;0
common on the
street, exhibits purchased b~ m?self 01" controlled
•
"
.purchases
made.to be ", analy"Ec
on ':h~ st1"eet it would
'"
r
t
....
consistently be perc~n~age:; 0:: 1'03,,' ,than ten percent on a
regular basis ..
.'
,
And these pe,rcent'age of he::o!.r..
Q
.
~
.
few, portions of a
:::dw.::'.r.ds,
that Mr.
• I,'
~
Edwards was selling
~1:?":
/'
percent~ge
your expectations of whal:
...,'" I •
give or take a
aro~nd
pQin~,
"o'~ld
would that match. with
bE sold on the 'street?
A
That's consistent with my ,:xpe::!,E:1Se,
Q
And is it also consistent wil:h <:he intelligence information
you received about the
A
S~wa1"ds
was selling?
he1"~ir..
M::,
c :.'!"."::·'-
~
_... :' ",r:'.'
."-.bi.ochm Agbele
~~.
'o::Q~n
of 2,362 grams
Yes, sir.
established that frQ!1'.
P
there was the equivalEnt
~.,
going to Lee Edwards
h'~
an~
~'
~:?ff'sking
organization.
PDF Page 61
~.,~:,.,. ~~: '''::-~~''l7:'':''':;;:::~:"'~:"'"':!::;'<' ,,:,,0;"=';;. ·:",;;",t',',(,;:;::o::,,,,,,,,,: ,,,;;;,,,'.
I"
".,.' :~,' <'":".""-: <'''''''''':''''''''~'''''i'P..~'''i<'
0
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:''''2;''_:'$:{~'~:''~·""",~",-",>,·,W:::'''''"'''!.~'"3
•
.
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BALJ:·0 ..:. r 1 !!'.:::S:r
... ..
,._.,
tha t wouJ. e1. bo;. 1')"
At a five
1
O' ' ' ' '
;-'.
~
.:
..-,,,,~,,,,\~_LpurCl
- -... -- ... - heroin to
achieve
2
to give Mr.
Edw~rds
~~~
bs~s£it
,
<
be acc;:urate!:o multiply
4
th~~t
of the doubt,
....'
b-:- -n
would it'"
,
t~
receive a five
.
percent mixture of
5
.t·
~ ','
'
"
and assume a fi v~ pe '(cs~~ .... ,.:.::J-.'.1. -:' , ~:,:p_l.~:d ~b.'a·t
3
.'
~
-,
,
her0i~7
sir.
6
A
Yes,
7
Q '
And that would then
.,
transl~te in~~
47,240 grams or in
8
excess of 47 kilos of hero:.n so'le' 'b:: Mr. Edwa'rds on the
9
street at a five percent
Edwards the benefit of
10
A
Yes, sir.
12
Q
And again you have
-.
A
17
do~~~.
~s
~gain
giving Mr.
that correct?
e~a.min'2,:l
the::;r;.
fi:r'_~!'es
and find that
Yes, I have.
•
..
Counsel, :. f. X-ou :1'_13": wC'.nt to mark it on
"
16
th~
~n~
these were calculated ac ct.'.!:' 2'. t e 1. :-:-?
13
15
m~.~~urs
,.
11
14
THE COURT:
the exhibit.
MR. BELLA:
Your
Hono~,
at this point I move to admit
18
as exhibits Government
19
by eleven representation of th. ste=t that was used for
20
Special Agent Balbo's
21
Exhibit B, being a
E~h:bit
A,
tsst:~~n:.
s~~~e,-~
~f
t~s
b~ing
e~~
an eight and a half
~1~0
Sovernment
s~~t,-011~d
purchases made
22
23
MR. JACKSON:
24
THE COURT:
25
'
(';over!"..n\';n~ ":;::.":..·'''t !.T.:.~.':"'):::; .1\ and B were
ar]rni tte:c' in1o.Q ~·r~.r;_er·.-:€
PDF Page 62
.1309
'
"
.. -
....
'"
1
i
..
2
,
THE COURT:
, 4
.
~,,,
..
5
-'
/.
I .
)..\
I f :':
.
t..,i tness',
-'.~
May.
. in 'evidence, does that 2CC','.!:<;'.te!.·' ::sf!"sct the dates, '.
";"';
~.
8
"
I show you Government s;:h.:.bi t S. '''bJch has been introduced
Q
6
7
,.
" _ Hortor:
3
",:;: .'
~"
MR. BELLA:
..
- .. ,
...
...
:J.~.
'~_
".
"amounts of q~antities purchassd. 2n~ psrcentages of purity
,
,'
"
of heroin purchased fro!!:!, M::. :::6."'2 =:'.2' •. <;'.nd wi th the
-' ,
exception 'of
l!
....
.;;
9
','
'
.
;"
,
., the ve'ry
whsre
the
.,
"
10
no amount shown, the correct
11
purchases?
2~~~n~c.
there is
paid for all those
t,
12
A
Yes, sir,
it does.
,
13
Q
And I believe at the tri<;,,2. of ':':::.s !!'.<;'.tter there was
.
testi~ony
14
regarding
e~ch
and evsry one of those controlled
,
"
15
purchases and the amounts pai(; inc!..uding the very first
16
purchase as well, is that correct?
17
A
Yes,' there was.
18
Q
If I may submit this, 'Your Bonar.
r
~pecial
Agent Balbo,
19
would you say that -- yo"
':est!.f:,sc' th<;,.t you asked Raymond
20
Davis and Abiodun Agbe!.s t:' ':os 'Os:".s··'!:?t ,:onzerative in
21
~
22
i
Edwards, is that r!.ght?
~--_--
23
A
Yes, they did.
24
Q
In addition to thoz'? t"":, s···:':cs
., ."
:;nr:r}).y,
are you aware
./
25
of other sources of s'-',r.,l:,.-
_.r.
.:J. ..... " , -
~~
.'1r. Ec1wa.rds?
..
PDF Page 63
. :': :l
~ :;~~., ~:.~~
~,
'~:".
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,
.
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,
:.:;';":":'; :;:':;. '..-..; :.;'ii;;:..~·:.. ~.•.:;,t~~::.i.~
"
1310
BALE,l')
- 1
A
Yes.
I
•
2
Q
And was there also an
.
3
1
I
,/"
,
•I
,
~
4
5.::l~':··i':.·.'?,l '~~.
-.
A
"
Yes, sir.
"
•: ......
Q
6
-'.;',
~."
n:>.rne of Raymond
Burrell who was indicted alan? -;th Mr. Edwards?
,
5
t'.~~
And does your
informat~.o!J
source of. supply to Mr.
7
A
8
Q
,.
:.n0.i-:?.':::
~:!:.:;d:
h.~
WC'.$
also a
Edlo'~:=c:::?
That's correct.
'.was there' even in fact e. !!'.~!et.~.r:,? ~~",:w,='::n .M!'. 'Burrell and
.
.
per\o~ c~
Mr. Edwards during the
10
where conversations betwee" Mr.
11
were intercepted and where
~~s
Title III wiretap
~'lrr:J.J.
?nd Mr. Edwards
.'
'.
12
.'
.
}
observed to be
mee~ing
an
Mr~., ·:S·.,r'~ell was actually
.
c~ssoci~.te
,
of Mr_ Edwards to make
a delivery?
13
14
A
That's correct.
15
Q
That meeting that was
16
observe~
b:' zurveillance agents, that
was not a controlled buy, I take it, is that correct?
17
"'A
18
Q
No, it was Just observed by surveillance units.
So you were unable to come intc pas~:zzion or did not come
into possession of that
19
qu~ntit? ~f
~Erain
to be able to
20
that Mr. Burrell delivsreo:l to
21
)
22
A
No, we did not.
23
Q
In any event, you're ?W?re
24
heroin to Mr. Ed"arc1s
25
in these calculations?
t!',".',t,
~',:-,
:;-:,··';>,r~lz.
~~~~r ~0~rces
:>::,
-.~'"
a"an
5.s that right?
of supply of
':::"ken into account
PDF Page 64
BALBO -
J
1311
CRC'SS
"
1
MR. JACKSON:
2
THE COURT:
3
THE WITNESS:
4
A
5
.,
Overruled
Yes, there are other sources tha~ ar:s not taken into
Q
Would you say that these totals ar:s somewhat conservative,
the totals as to the
9
Mr. Edwards over the perio0
10
amDU~~ o~
s~r~et
~f
ti~s
level heroin dealt by
th~t'we
have talked
about?
A
~=.
I believe that these totals givs
Edwards the benefit of
\
12
,,'
"
C
MR, BELLA:
8
11
Your Honor.
~e!evancy.
account in these totals.
6
7
Objectio~.
.
the doubt in all cases.
13
MR. BELLA:
Thank you, sir.
14
THE COURT:
Cross.
15
MR. JACKSON:
Thank
YO'~.
r have nothing further.
Y~·.:r:
!ione r: •
CROSS EXAM:HT,i,,:,:rOlJ
16
B~~
17
18
MR. JACK30N:
Q
yo~
Mr. Balbo, at what time did
and
a:l~
20
A
I believe it was between nins
21
Q
That was Y,our testimon:{ a,r, t·:i?,:.7
22
A
I believe it was. yes.
23
Q
Now, you executed a
.~....y5
""-0._0'
-- the other
agents execute the warrant O:l !!::-. Ed','a,rds' residence?
19
24
?D~r
w~rr~~f:,
wa.~
1" a.m ..
~~i~
Yo1.~r
surprise warrant or
?our knowledge have
did you have -- or did Mr
irny advance notice of
~
serv!,~?
this warrant?
PDF Page 65
"
•
•
SELECTED PAGES PREVIOUSLY SUBMITTED TO COURT
OF GOVERNMENT'S SENTENCING MEMORANDUM
FILED WITH THE COURT
IN CONNECTION WITH LEE ANDREW EDWARDS' SENTENCING HEARING
•
PDF Page 66
•
~
I
•
•
..
/P,'
admitted to his quilt.
report
indicates,
magnitude
of
drugs
"The
Even now, paragraph 11 of the presentenc€the
defendant
he
involved and
played
in
the
The jury convicted Edwards of
maintaining
criminal
a
enterprise,
which
Edwards
Edwards is not entitled to an adjustment
of responsibility.
xx.
XS the amount of heroin used for guidelines calculations
supported by the evidence.
Evidence presented both at trial and at the evidentiary
sentencing hearing held May 5, 1994 support the amount of heroin
used for guidelines calculations in the presentence report.
DEA Special Agent Vincent Balbo testified at the sentencing
hearing that Raymond Davis and Abiodun Agbele were sources of
supply of heroin to Lee Edwards.
Special
Agent
Balbo
testified
that
Raymond
Davis
was
,I'
interviewed
on Auqust
19,
1992.
Davis
had
pl~d
guilty
to
conspiracy to distribute heroin, and had agreed to cooperate with
the government.
Davis said that he was a source of supply of heroin to Lee
Edwards since 1988.
Edwards or one of his workers would come to
Davis' residence and pick up ounce quantities of heroin, that would
normally cost about $6,500, for which they would pay cash.
On a
regular basis, Edwarc;1s' workers would travel to Davis I chicago
residence at least twice a week to purchase black tar heroin.
Usually, Edwards or his workers
~ould
drive Edwards' Ford pick up
'\
truck.
Davis said that over a two year period he supplied Edwards
·12
PDF Page 67
."
t
••
,..
..
I
•
with approximately 6 kilograms of black tar heroin.
Davis said he
. also supplied Edwards with 3 ounces of white heroin for $6,700 per
ounce paid in cash.
Special Agent Balbo testified that physical
surveillance and intercepted telephone conversations corroborated
Davis '. information.
The
amount
of
heroin delivered
by
Davis
to
Edwards
is
summarized as follows:
=
=
6 kilos of black tar heroin
3 oz. of white heroin x 28.35 g./oz.
TOTAL
Spe~ial
6,000 grams
85 grams
6,085 grams
Agent Balbo also testified regarding the purity of the
heroin being supplied by Davis.
Special Agent Balbo testified that
on September 14, 1990, cooperatinq individual Jimmy Edwards, in
cooperation with the DEA, made a purchase of heroin from Davis •
•1
The cooperating individual purchased 24.4 grams of heroin for
$6,700.
A DEA laboratory tested the heroin, and found it to be 35%
pure.
If one were to calculate the quantity of pure heroin in the
quantities that Davis sold to Lee Edwards, one would engage in the
following calculation:
6 kilos of black tar heroin
3 oz. of white h~in x 28.35 g./oz.
=
=
6,000 grams
8$ grams
6,08S grams
TOTAL
x 35 ~
Davis heroin is 35~ pure
TOTAL OF PURE HEROIN
.
13
2,130 grams
PDF Page 68
••
'
•
....
••
Special Agent Balbo testified that Abiodun Agbele also pled
quilty to conspiracy to distribute heroin, and that Agbele also
agreed to cooperate with the government.
Special Agent Balbo
testified that Agbele was:interviewed on October 4 and October 9,
1991.
Agbele said that he was a source of supply of white heroin to
Lee Edwards.
Agbele said that his uncle'from Nigeria who had been
living in this country was about to return to Nigeria, and that his
uncle provided Agbele with a supply of heroin to sell to Edwards.
Agbele said that between 1989 and January, 1990, Agbele sold 10 oz.
of white heroin to Edwards.
180 grams
Aqbele obtained a resupply of another
of heroin from a courier who Agbele understood had
brought the heroin into this country from Nigeria,
and Agbele
delivered this additional amount of ,heroin to Edwards in February,
1990.
10 oz. of white heroin x 28.35 g./oz.
=
180 g. of heroin delivered in Feb., 1990 =
180 grams
463.5 grams
TOTAL
Special Agent Balbo also
283.5 grams
testi~ied
reqardinq the purity of the
heroin being supplied by Agbele.· Special Agent Balbo testified
that on November 20, 1990,' cooperating individual Jimmy Edwards, in
cooperation with the DEA, made a purchase of white heroin from
Agbele.
The cooperat.lng individual purchaseQ 25.87 grams of heroin
for $7,000.
50% pure.
A DEA laboratory tested the heroin, and found it to be
'Il
'\
14
c
PDF Page 69
•
•
".
If one were to
cal~ulate
the quantity of pure heroin in the
quantities that Davis sold to Lee Edwards, one would engage in the
following calculation:
10 oz. of white heroin x 28.35 g./oz
=
180 g. of heroin delivered in Feb., 1990 =
283.5 grams "
180 grams
463.5 grams
TOTAL
Agbele heroin is 50 % pure
x SO %
TOTAL OF PURE HEROIN
Special
A~ent
232 grams
Balbo also testified regarding the purity of the
heroin being sold by Lee Edwards at street level.
trial
established that
cooperating
individual
Testimony at
and
government
witness Walter Pettigrew made a series of six controlled purchases
of
narcotics
Pettigrew
...
from Lee
were
Edwards.
introduced
into
. The
narcotics
evidence
at
purchased by
trial,
and
DEA
laboratory analyst Sanford Angelos testified at trial regarding his
analysis of the narcotics purchased.
At the sentencing hearing,
Special Agent Balbo summarized the evidence regarding the narcotics
purchased by Pettigrew.
relevant
facts
The
following
of the purchases made
chart
summarizes the
by Pettigrew
from
Lee
Edwards 2 :
ZIn addition to the purchases of heroin made from Lee Edwards
by Walter Pettigrew, there were also two purchases of cocaine: On
9/1/90,·2.6 grams of ~ocaine of a purity of 87% purchased for $250,
and on 9/5/90', 20.5 grams of cocaine of a purity of 83% purchased
for $1,800. The evidence indicated that Walter Pettigrew purchased
cocaine tram Edwards in addition to heroin; and the tape recordings
of "intercepted telephone convers~tio~s introduced. into .ev.idence
indicated that Lee Edwards was sellJ.ng cocaine J.n addJ.t1.on to
heroin. However, the guidelines calculations discussed here only
15
C
PDF Page 70
.....
I
••
...
•
•
PURCHASES OF HEROIN FROM LEE EDWARDS BY WALTER PETTIGREW:'
Date
Amount
Substance
Purity
3123190
11.6 g.
heroin
4.7 %
4/23/90
5.8 g.
5.7 g.
heroin
n
4.8 %
4.7 %
S 1,000
(for both)
6/11190
11.0 g.
heroin
3.0 %
$ 1,000
9/5/90
14.1 g.
heroin
1.2 %
$
10/10/90
85.8 g.
1.0 g.
heroin
4.0 %
47.0 %
n
n
Special
Agent
II
Balbo
testified' that
after
Price
$
SOO
700
$ 5,400
$ 600
Edwards
would
purchase supplies of heroin from Edwards' suppliers, Edwards would
"cut" the heroin, or mix it with other substances to increase the
quantity of heroin available for sale.
As a reSUlt, the purity of
the heroin sold by Edwards would be ¢lecreased.
Special Agent Balbo
take into account the street level quantity of heroin attributable
to Lee Edwards, for the reason that the majority of the evidence
from which calculations of quantity may be made involved heroin,
and the government believes the quantity of cocaine attributable to
Edwards based upon the evidence would not be large enough to affect
~he guideline calculations.
3A trial transcript has already been prepared. Pettigrew's
trial testimony reqardinq the purchases on the various dates
referred to in this char~ appear at the foll~winq locations in the
trial transcript:
3/23/90, pp. 339-44; 4/23/90, pp. 344-48;
6/11/90, pp. 348-52; 9/5/90, pp. 352-58 (this purchase was the
consummation of a partial purchase made on 9/1/90); 10/10/90, pp.
358-71.
Sanford Angelos was the DEA laboratory chemist who
testified regarding his examination of the heroin purchased by
Pettigrew from Edward~, inclUding the identity of the substance as
heroin, the weight of the substance purchased, and the relative
purity of the heroin. Mr. Angelos' testimony regarding tne heroin
purchased on the various dates referred to in this chart appear at
the following locations in the trial transcript: 3/23/90, pp. 56571; , 4/23/90, pp. 571-72, 580-8l,~\ 583-84;
9/5/90, pp. 585-86; 10/10/90, pp. 588-90.
-, -16
6/11/90,
pp.
582-83;
PDF Page 71
.. ..,..
-.
.. ".'..
testified that the
•
abov~
purchases were typical concentration of
the heroin sold by the Edwards organization.
Assuming an average
concentration of the heroin sold by Edwards of 5% would be generous
towards Edwards, in that .his heroin often was
concentration.
o~
an even lesser
An examination of the Pettigrew purchases listed'
above reveals that the purity of the Edwards heroin generally
rang~d
from 3% to 5%.
There was one purchase,
the one-gram
purchase made on October 10, 1990, where the purity was higher.
Special Agent Balbo testified that was a special purchase for which
Pettigrew paid a substantially higher sum,
and was a rarity.
Special Agent Balbo' s testimony was corroborated by the intercepted
telephone conversations introduced into evidence at trial, which
uniformly indicated that Edwards was selling small, inexpensive
amounts of heroin.
of the doubt,
."
It is safe, and.even gives Edwards the benefit
to assume that Edwards was selling heroin at a
concentration of 5%
I'
Given the amounts of heroin supplied to Edwards by Davis and
Agbele as set forth above, and given the concentrations of the
heroin sold by ,those suppliers,
one is able to determine the
quantity of pure heroin' contained in the supply that Edwards
obtained.
That
calculation
of
the
amount
of
pure
heroin
attributaDle to Edwards from his sources of supply has already been
set forth above.
In order to turn pure heroin into a mixture at a
concentration of 5%, 'one would have to cut pure hetoin 20 times.
(cutting pure heroin 20 times would mean that 1/20th, or 5%, of the
heroin was pure.)
Given the
5~
17
concentration of heroin that
PDF Page 72
'?
..
•
•
..
• .,;
Edwards'was selling, one can determine the weight of the heroin
. that Edwards actually sold by taking the pure heroin attributable
to Edwards from,his
by 20.
sou~ces
of supply, and multiplying that amount
The result would accurately approximate the amount of
heroin sold by Edwards as a result of the heroin supplied to·
Edwards by Davis and Agbele.
The calculations in their entirety
are shown below:
CALCULATION OF STREET LEVEL HEROIN ATIRmUTABLE TO LEE EDWARDS
RAYMOND DAVIS
6 kilos of black tar heroin
3 oz. of white heroin x 28.35 g./oz.
=
6,000 grams
85 grams
=
6,085 grams
TOTAL
x 35 %
Davis heroin is 35% pure
. TOTAL OF DAVIS PURE HEROIN
2,130 grams
ABIODUN AGBELE
.,'
10 oz. of white heroin x 28.35 g./oz
180 g. ~f heroin delivered in Feb., 1990
TOTAL
=
=
283.5 grams
180 grams
463.5 grams
x 50
Agbele heroin is 50% pure
TOTAL OF AGBELE PURE HEROIN
%
232 grams
PURE HEROIN TOTALS
DAVIS pure heroin
AGBELE pure heroin
2,130 grams
232 grams
TOTAL OF PURE HEROIN
2,362 grams
Multiply total of pure heroin by 20
to obtain a 5% mixture of heroin
2,362 grams
x20
TOTAL AttRIBUTABLE TO LEE EDWARDS
'fl
1\
18
47,240 grams - or 47 kilos
c
PDF Page 73
~
•
•
., ..,.'..
'.
Edwards'was selling, one can determine the weight of the heroin
, that Edwards actually sold by taking the pure heroin attributable
to Edwards from,his
by 20.
sou~ces
of supply, and mUltiplying that amount
The result would accurately approximate the amount of
heroin sold by Edwards as a result of the heroin supplied to'
Edwards by Davis and Agbele.
The calculations in their entirety
are shown below:
CALCULATION OF STREET LEVEL HEROIN ATTRmUTABLE TO LEE EDWARDS
RAYMOND DAVIS
6 kilos of black tar heroin
3 oz. of white heroin x 28.35 g./oz.
=
=
6,000 grams
85 grams
6,085 grams
TOTAL
Davis heroin is 35% pure
x 35 %
. TOTAL OF DAVIS PURE HEROIN
2,130 grams
ABIODUN AGBELE
.,'
10 oz. of white heroin x 28.35 g./oz
180 g. ~f heroin delivered in Feb., 1990
TOTAL
=
=
283.5 grams
180 grams
463.5 grams
Agbele heroin is 50% pure
x 50 %
TOTAL OF AGBELE PURE HEROIN
232 grams
PURE HEROIN TOTALS
DAVIS pure heroin
AGBELE pure heroin
2,130 grams
TOTAL OF PURE HEROIN
2,362 grams
232 grams
Multiply total of pure heroin by 20
to obtain a SCIJ mixture of heroin
c
2,362 grams
x 20
TOTAL ATTIUBUTABLE TO LEE EDWARDS
~
!\
18
41,240 grams -
or 47 kilos
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Even this amount
~s
conservative, in that Edwards also had
other suppliers of heroin.
For example, ,Robert Burrell, one of
Edwards'
co-defendants,
pled quilty to supplying Edwards with
heroin.
Edwards' wife, Lorri, also testified regarding Edwards
repeatedly obtaining supplies of heroin from Burrell.
The facts and evidence, consisting of the information provided
by Davis and Agbele, the purchases by Jimmy Edwards from Davis and
Agbele, the purchases by Walter Pettigrew from Lee Edwards, the
physical surveillance, and the intercepted telephone calls, all
support the above analysis of the amount of heroin attributable to
Lee Edwards.
Paraqraph 25 ·of the presentence report
suspended,
was sentenced on November 17, 1986 to 2 years,
and he was placed on 2 years probation on
Both
17, 1986.
,I'
count 3, charging conspiracy to distrib
heroin and cocaine, and
count 4, charging the offense of m · taining a continuing criminal
occurred from
enterprise,
January, 1986, through
convicted on both co
about October, 1990.
at
least
Edwards was
In addition, Lorri Edwards testified she
1986, and that Lee. Edwards was operating his
organization at that time.
Therefore, Edwards
instan:t offense while he was on probation,
30-
of
the
presentence
criminal history
PQiR~S.
'"'\
19
report
properly
and
assesses
2
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PORTION OF OPINION
DEALING WITH CALCULATION OF QUANTITY OF NARCOTICS
FROM 7TH CIRCUIT COURT OF APPEALS DECISION IN
UNITED STATES V. LEE ANDREW EDWARDS
I'
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Copr. (C)· West 1996 No claim to o;rig. u.s. govt. works
---F.3d---(Cite as: 1996 WL 83180 (7th Cir.(Ind.»)
UNITED STATES of America, Plaintiff-Appellee,
v.
Lee Andrew EDWARDS, Defendant-Appellant.
No. 94-3307.
united states court of Appeals,
Seventh Circuit.
Argued Sept. 8, 1995.
Decided Feb. 27, 1996.
Appeal from the united states District Court for the Northern
District of Indiana, Hammond Division. ~o. 92 CR 113--Rudy Lozano,
JUdge.
Before BAUER, COFFEY and EVANS, Circuit JUdges.
COFFEY, Circuit JUdge.
*1 Lee Edwards appeals his conviction. and sentence for
engaging in a. continuing criminal enterprise, consp1r1ng to
distribute narcotics, distributing narcotics, using a communication
facility to facilitate drug trafficking, and using a firearm during
and in relation to a narcotics offense. We affirm.
I. Background
Lee Edwards operated a drug ring from his two residences, 460
Taft Place and 1522 Taft Street, in Gary, Indiana and from the
liquor store he owned in Gary, the "Black Horseman. "
The
investigation of Edwards included wiretaps, surveillance, and
controlled drug buys, and culminated in a search of Edwards's
residence.
. *
*
*
B. Sentencing
1. Quantity of Attributable Heroin
Edwards argues that the sentencing court erred in determining
that he was responsible for 47 kilograms of heroin. The first of
Edwards's contentions is that the district court erred in relying
on unreliable, hearsay testimony to determine the total amount of
pure heroin that he purchased for distribution. Second, the
defendant argues that the sentencing court improperly calculated
the weight of diluted heroin that Edwards sold on the street level.
We review the district court's calculation of the quantity of
narcotics attributable to Edwards for clear error. united States
v. Taylor, 72 F.3d 533, 542 (7th Cir.1995); united States v. VoId,
66 F.3d 915, 918 (7th cir.1995). The law regarding the evaluation
of evidence supporting sentencing determinations is well settled:
Information may properly be used in sentencing when it has
"sufficient indicia of reliability" to support its probable
accuracy. united states v. Ewers, 54 F.3d 419, 421 (7th Cir.1995)
(citing united states v. Lueddeke, 908 F.2Q 230, 234 (7th
Cir .1990) ). However, this reliabilj.ty standard "must be rigorously
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applied."
united states v. BeIer, 20 F.3d 1428, 1432 (7th
Cir.1994)j see U.S.S.G. s 6A1.3(a) ("In resolving any reasonable
dispute
concerning a
factor
important to
the
sentencing
determination, the court may consider relevant information without
regard to its admissibility under the rules of evidence applicable
at trial, provided that the information has sufficient indicia of
reliability to support its probable accuracy."). united states v.
Townsend, 73 F.3d 747, 751-52 (7th Cir.1996).
At the sentencing hearing, DEA Agent Vincent Balbo testified
that he had interviewed two of Edwards's heroin suppliers: Raymond
Davis and Abiodun Agbele. [FN9] According to Balbo, Davis told him
that Edwards purchased one to two ounces of "black tar" heroin a
week for two years, between 1990 and 1992, paying approximately
$6700 per ounce.
Davis made a conservative estimate that he had
sold Edwards a total of six kilograms of black tar heroin over the
course of the two years. Additionally, Davis told Agent Balbo that
he sold Edwards 85 grams of "white" h~roin.
*7 From the Davis evidence, the sentencing court calculated
that 6,035 grams of total sold heroin (six kilograms black tar
heroin plUS 85 grams white heroin) at 35 percent purity [FN10]
yields 2,130.grams of pure heroin.
Agent Balbo next testified that in October 1991 he interviewed
Abiodun Agbele, another source of Edwards's heroin. Abiodun told
Agent Balbo that he had sold a total of 463.5 grams of "white"
heroin to Edwards in 1989 and early 1990. From the Abiodun evidence
the sentencing court calculated that 463.5 grams of total heroin at
50 percent purity [FN11] yields 232 grams of pure heroin. Thus, the
combined pure heroin supplied by Davis and Abiodun amounted to
2,362 grams (232 plus 2,130).
DEA Agent Balbo testified that from his experience in law
enforcement, pure heroin is almost always "cut" or diluted before
it is sold on the street.
In order to calculate the street or
retail level purity of Edwards's sales, Agent Balbo summarized the
drug purchases made by a cooperating individual, Walter Pettigrew,
from Edwards. [FN12]
A DEA lab had analyzed the narcotics
purchased by Pettigrew from Edwards and calculated the percent
purity of each samplej the majority of the purchases contained less
than 5 percent pure heroin, confirming Agent Balbo's testimony
regarding the practice of diluting narcotics before street sale.
Applying the street level purity of 5 percent to the 2,362
grams of pure heroin supplied by Davis and Abiodun, the district
court calculated street level sales of 47,240 grams of heroin.
[FN13]
Although Edwards argues that the information provided by
heroin suppliers Davis and Abiodun is unreliable because they were
cooperating witnesses (and hence had a motive to exaggerate
Edwards's purchases to receive more favorable treatment from the
government), we observe that their statements were corroborated by
other evidence at trial.
Jimmie Edwards, Edwards's brother,
testified that Davis and Abiodun were two out of defendant
Edwards's four sources of heroinn Lorri Edwards, the defendant's
wife, also testified that she was aware Abiodun was a regular
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supplier· of heroin.
Edwards himself, upon arrest, told the DEA
that he had been purchasing ounce quantities of heroin a week from
Davis for the previous year-and-a-half. Moreover, the government's
calculation was conservative:
it ignored the heroin supplied by
Matthews and Burrell, two additional sources of narcotics for
Edwards.
We conclude that the information relied upon to calculate the
total amount of· Edwards's drug supply bore "sufficient indicia of
reliability." See Taylor, 72 F.3d at 543 (Because the individuals
who provided this information gave largely consistent and mutually
corroborating accounts, we are not overly concerned that some of
these individuals were drug users). United States v. Rose, 12 F. 3d
1414, 1425 (7th Cir.1994) ("We cannot expect that witnesses will
possess the credibility of people of the cloth, such as rabbis,
priests, and nuns .••• II) •
Although the quantity of pure heroin
supplied by Davis and Abiodun was determined by analyzing the
purity of a single sampie purchase, "the district cour,t may base
its findings as to the quantity of drugs involved in an offense on
estimation. "
Vega, 72 F. 3d at 512 {citing united States v.
Sturman, 49 F.3d 1275, 1284 (7th Cir.1995».
*8 Edwards also asserts that it was clear error for the
sentencing court to assume that the 2,362 grams of pure heroin
attributable to Edwards was all sold on the street at 5 percent
purity (yielding 47,240 grams of total "retail" heroin). Edwards
points to the fact that· he sold one gram of heroin to Walter
Pettigrew, a cooperating individual, that was 4 7 percent pure
heroin.
See united States v. Nobles, 69 F.3d 172, 191 (7th
Cir.1995) ("Judges in the federal system, whether they are in the
trial or appellate system, do not operate in a vacuum, shielded
from knowledge of drug operations in the real world.") (quoting
united States v. Hatchett, 31 F.3d 1411, 1420 (7th Cir.1994».
However, according to the testimony at sentencing, that sale
of a single gram was an exception: the DEA lab determined that six
other sales to Pettigrew were of heroin in purities of.4.7 percent,
4 . 8 percent, 4 . 7 percent, 3 • 0 percent, 1 • 6 percent, and 4 . 0
percent, respectively.
Agent Balbo testified that these purity
figures confirmed his own knowledge that heroin distributed at the
street level is almost always cut to less than 10 percent purity.
Further, according to the information set forth in the DEA
wiretaps and the defendant's own admissions, the bulk of Edwardsts
drug sales were street level and in the form of $10 cut bags of
heroin, weighing one tenth of a gram. Edwards's own drug sellers,
Barefield, Kellum, and Campbell, testified at trial that Edwards
fronted them $10 packages of cut heroin to sell. Thus, the street
level purity of 5 percent accurately portrayed Edwards's criminal
enterprise. We conclude that the district court did not commit
clear error in its determination of the quantity of heroin
attributable to Edwards. See Sasson, 62 F.3d at 889 (stating that
it is rational to penalize a defendant for the combined weight of
a drug's active ingredient and the carrier medium because the
carrier facilitates distribution and sale of the narcotics);
United States v. Tucker, 20 F.~d 242 (7th Cir.1994) (defendant
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accountable for the weight of water and baking soda contained in a
cocaine-base mixture).
*
*
*
III. Conclusion
The convictions and sentences of Lee Edwards are
AFFIRMED.
*
*
*
FN9. Upon his arrest, Edwards had named Davis, Abiodun,
Burrell, and Matthews as suppliers of heroin.
The DEA arrested
Davis and Abiodun, who cooperated with the government in its
prosecution of Edwards.
FN10. The 35 percent purity for the Davis heroin was
determined as follows:
Agent Balbo testified that during the
investigation of Edwards, a cooperating individual, workin~ within
Edwards's drug ring, had intercepted a weekly drug shipment from
Davis to Edwards and forwarded it to the DEA. The DEA laboratory
reported that the shipment contained one ounce of 35 percent pure
black tar heroin. The 35 percent purity figure was applied to all
of Edwar~s's heroin purchases from Davis.
FNll. According to Agent Balbo, a cooperating individual under
DEA supervision had purchased one ounce of white heroin for $7000
from Abiodun in November 1990. The DEA laboratory determined the
heroin to be 50 percent pure.
FN12. The Pettigrew purchases were: 11.6 grams of 4. 7 percent
pure heroin for $500 on March 23, 1990; 5.8 grams of 4.8 percent
pure heroin and 5.7 grams of 4.7 percent pure heroin for $1000
total on April 23, 1990; 11 grams of 3.0 percent pure heroin on
June 11, 1990; 14.1 grams of 1.6 percent pure heroin on September
5, 1990;
85.8 grams of 4.0 percent pure heroin on October 10,
1990;
and a special $600 purchase of 1 gram of 47 percent pure
heroin also on October 10, 1990.
FN13. Given that Pettigr.ew paid $600 for one gram of 47
percent pure heroin, the value of 2,362 grams of pure heroin would
be in excess of $3 million.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA
)
)
)
)
)
v.
WILLIE EDWARDS, JR.
CAUSE NO. 2:92 CR 113 (08)
CERTIFICATE OF SERVICE BY MAIL
The undersigned hereby certifies that she is an employee in
the Office of the united States Attorney for the Northern District
of Indiana and is a person of such age and discretion as to be
competent to serve papers.
copy of
said
t~e
copy
That on March 14, 1996, she served a
attached Government's Sentencing Memorandum by placing
in
a
postpaid
envelope
addressed 'to
the
person
hereinafter named, at the place and address stated below, which is
the
last
known
address,
and
by
depositing
said
envelope
and
contents in the united States Mail:
ADDRESSEE:
Attorney Scott L. King
c/o Office of the Mayor
City of Gary
401 Broadway
Gary, IN 46402
Barbara J. Ronciak, Leg~l Secretary
U.S. Attorney's Office
100~\Main street, suite A
Dyer, Indiana 46311
(219) 322-8576
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