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United States v. Galloway

United States Court of Appeals, Fourth Circuit

April 15, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
CHARLES LEONARD GALLOWAY, a/k/a Len, Defendant - Appellant

Argued December 11, 2013

Petition for certiorari filed at, 07/14/2014

Page 239

Appeal from the United States District Court for the District of Maryland, at Baltimore. (1:10-cr-00775-RDB-1). Richard D. Bennett, District Judge.

ARGUED:

Megan Elizabeth Coleman, MARCUSBONSIB, LLC, Greenbelt, Maryland, for Appellant.

Sujit Raman, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

ON BRIEF:

Rod J. Rosenstein, United States Attorney, Ayn B. Ducao, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Before TRAXLER, Chief Judge, and NIEMEYER and DUNCAN, Circuit Judges. Judge Niemeyer wrote the opinion, in which Chief Judge Traxler and Judge Duncan joined.

OPINION

Page 240

NIEMEYER, Circuit Judge.

Charles Galloway was convicted in Baltimore, Maryland, of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § § 846 and 841(a)(1). The district court sentenced Galloway to 292 months' imprisonment, and Galloway filed this appeal, raising several issues with respect to his conviction. We affirm.

I

In connection with an investigation based in San Diego, California, of an international drug trafficking conspiracy, Special Agent James Karas of the DEA uncovered the involvement of Charles Galloway in Baltimore, Maryland. Based on information provided by Special Agent Karas, Detective Keith Sokolowski of the Baltimore City Police Department began investigating Galloway and eventually obtained authorization to place wiretaps on four of his cell phones. Through these wiretaps, Detective Sokolowski learned that Galloway used one phone predominantly for drug-related conversations, while he reserved a second phone for his conversations with Santos Chavez, a coconspirator in the Los Angeles, California area. Based on the intercepted conversations and on the testimony of actual drug traffickers in the Baltimore area, Galloway was convicted of conspiracy to traffic in heroin.

At trial, Special Agent Karas and Detective Sokolowski testified not only as fact witnesses, but also as expert witnesses in drug distribution methods and the interpretation of the coded language used in narcotics-related telephone calls. The officers explained how drug traffickers use unrelated words to refer to drugs, prices, and related issues, explaining ...


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