The opinion of the court was delivered by: MCAVOY
A. Organizer, Supervisor or Manager:
A jury should be instructed that the terms "organizer, supervisor or manager" should be given their everyday, ordinary meaning, implying the exercise of power or authority by a person who occupies some position of a management or supervision. United States v. Scarpa, 913 F.2d 993, 1007 (2d Cir. 1990) An individual may be said to be "managed" by a defendant where it is demonstrated that the "defendant exerted some type of influence over [an] individual as exemplified by that individual's compliance with the defendant's directions, instructions or terms." United States v. Possick, 849 F.2d 332, 336 (8th Cir. 1988) (citations omitted).
A defendant acts as a "supervisor" where he "gives orders or directions to another person who carries them out." United States v. Apodaca, 843 F.2d 421, 426 (10th Cir.), cert. denied, 488 U.S. 932, 102 L. Ed. 2d 342, 109 S. Ct. 325 (1988). A defendant acts as an "Organizer" when he "puts together a number of people engaged in separate activities and arranges them in their activities in one essentially orderly operation or enterprise." United States v. Patrick, 965 F.2d 1390, 1397 (6th Cir. 1992).
A particular defendant need not be the sole or only supervisor or manager of the activities or persons in question, nor have enjoyed precisely the same superior-subordinate relationship with each of the persons allegedly organized, supervised and managed. Nor is personal contact a perquisite to establishing the requisite relationship between a defendant and an underling. United States v. Cruz, 785 F.2d 399, 407 (2d Cir. 1986) ("The statute does not require personal contact between the leader and each underling."). Finally, CCE defendants can be organizers, supervisors or managers of others, and still have been organized supervised or managed by their CCE co-defendants. See United States v. Baker, 10 F.3d 1374 (9th Cir. 1993) ("Because § 848 deals with individual liability, a CCE defendant may be an organizer, supervisor or manager in the predicate offenses underlying his CCE conviction and a subordinate in a predicate offense underlying another's CCE conviction. In other words, if one meets all the statutory requirements individually, he may properly be convicted under § 848 even though he himself was 'managed.'"), cert. denied, U.S. , 115 S. Ct. 330 (1994).
For purposes of this motion Tyrone Walker concedes that the record contains sufficient evidence to show that he managed, supervised or organized Wilfred "Josh" Pettway, Bambi Littlefield, and Walter Diaz. He denies, however, that a reasonable jury could conclude that the requisite relationship existed between him and the other individuals whom the government claims he managed, supervised or organized.
a. Toni Lopez, Barbara Slater & Stacey Wahl:
Toni Lopez testified that Tyrone walker lived with her for a brief period during the alleged CCE, (Tr. at 2076) and that from the day he moved in, Tyrone Walker kept cocaine in her home and used her home as a base of operations. (Tr. at 2076-78). This testimony alone is sufficient to establish that Toni Lopez was managed and organized by Tyrone Walker. See United States v. English, 925 F.2d 154, 157 (6th Cir.) (individual with knowledge of defendant's drug operation who allows defendant to use home to store narcotics establishes supervision), Cert. Denied, 501 U.S. 1210, 115 L. Ed. 2d 983, 111 S. Ct. 2810 (1991); Possick, 849 F.2d at 337 ("acquiescing in the use of her home for the storage, preparation and sale of cocaine . . . indicate[s] . . . membership in defendant's organization under his management"); United States v. Lueth, 807 F.2d 719, 732 (8th Cir. 1986) (defendant's use of another's home to conceal or process drugs found to be evidence of that defendant's dominant or managerial position").
When this testimony is read in conjunction with Lopez's further testimony that she made five or six compensated trips to New York city with Tyrone Walker, at his request, to purchase cocaine (Tr. at 2088) see Possick, 849 F.2d at 336 ("accepting paid travel indicates membership in organization) and that she continuously sold cocaine for Tyrone Walker for a percentage of the profits therefrom during the relevant period (Tr. at 2095-2100), there is more than sufficient evidence from which a jury could conclude that Toni Lopez was managed, supervised and organized by Tyrone Walker. English, 925 F.2d at 157 (person under defendants organization or supervision where she knew about the drug operation, took orders directly from the defendant and helped in the drug business) (citation omitted)).
If believed, Barbara Slater and Stacey Wahl's testimony in its totality likewise provides strong evidence establishing that these woman sold cocaine for Tyrone Walker on a continuing and organized basis on ...