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United States of America v. Jarvis Simpson

January 30, 2012

UNITED STATES OF AMERICA, APPELLEE,
v.
JARVIS SIMPSON, DEFENDANT-APPELLANT.



Appeal from a judgment of conviction of the United States District Court for the Northern District of New York (Glenn T. Suddaby, Judge) entered December 21, 2010.

11-38-cr

United States v. Simpson

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to summary orders filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 30th day of January, two thousand twelve.

PRESENT: JOSE A. CABRANES, CHESTER J. STRAUB, DEBRA ANN LIVINGSTON, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court is AFFIRMED.

Defendant-appellant Jarvis Simpson appeals a judgment of conviction entered on December 21, 2010, following a jury trial, imposing a 327-month term of imprisonment for conspiring to possess with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 846.

We assume the parties' familiarity with the factual history and proceedings below. Briefly, Simpson ran a cocaine selling business in Utica, New York. Simpson would purchase powder cocaine in New York City, transport the cocaine back to Utica, and, with the assistance of Julia Valladares and Nealonnie Brown, would cook the powder cocaine into crack cocaine for resale. On March 18, 2009, Simpson was arrested and jailed at the Oneida County Correctional Facility.

While Simpson was incarcerated, Valladares and Brown talked to Simpson by phone and visited him. During a routine review of Simpson's telephone calls and visitor logs, Officer Russell Smith determined that Simpson, in code, was directing the women to continue the drug enterprise and instructing them on how to proceed in his absence. Smith reported his suspicion to his supervisor, David Cady, who investigated the situation and confirmed the involvement of Valladares and Brown in a conspiracy to possess with intent to distribute cocaine.

On May 30, 2009, law enforcement authorities stopped Valladares while she was driving back to Utica after purchasing 119 grams of crack cocaine from one of Simpson's suppliers in New York City, and placed her under arrest. Brown arrived at the scene to pick up two of Valladares's children, who had accompanied Valladares to New York City, and was also placed under arrest.

Following the arrests of Valladares and Brown, a federal grand jury handed up a one-count indictment charging Simpson, Valladares, and Brown with engaging in a conspiracy to distribute and possess with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. In March 2010, three months prior to Simpson's trial, Valladares and Brown pleaded guilty to the single count indictment and entered into cooperation agreements with the government.

Simpson, through counsel, requested the government to produce all prior statements, criminal records, and evidence of drug abuse by any prospective government witness, including Valladares and Brown. The defense counsel requested subpoenas be issued to the (1) United States Probation Office for all pretrial reports or documents for Valladares and Brown, including those concerning drug testing, polygraphs, or voice stress exams since July 15, 2009, (2) Jamesville Correctional Facility for all records pertaining to Brown's attendance in the High Impact Incarceration Program ("HIIP") after August 13, 2009, and (3) Oneida County Department of Social Services for any public assistance records for Valladares and Brown.

Following an in camera review of the records from the United States Probation Office and Jamesville Correctional Facility, the District Court declined to disclose those records to the defense, stating that the records did not include impeachment material, and that there was "no indication . . . that there was any violation of pretrial conditions with regards to drug use." The District Court disclosed the public assistance ...


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