Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Webb

United States District Court, E.D. North Carolina, Western Division

March 15, 2018

UNITED STATES OF AMERICA
v.
LEMONT JERRONE WEBB and HARRY MYLES, SR.

          ORDER

          TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on defendant Lemont Jerrone Webb's motion for a new trial and for a judgment of acquittal [DE 968] and defendant Harry Myles, Sr.'s motion for a new trial and for a judgment of acquittal [DE 969]. The government has responded in opposition. [DE 988]. For the reasons discussed below, defendants' motions are denied.

         BACKGROUND

         On February 22, 2017, a federal grand jury returned a superseding indictment against several defendants, including Lemont Jerrone Webb ("Webb") and Harry Myles, Sr., ("Myles"). Webb was charged in count one with conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine and two hundred eighty grams or more of cocaine base (crack), in violation of 21 U.S.C. § 846 and in count four with possession with intent to distribute a quantity of cocaine base (crack), in violation of 21 U.S.C. § 841(a). Webb was also charged with a series of money laundering offenses in counts seven, eight, nine, twelve, thirteen, fourteen, fifteen, eighteen, and twenty-eight. Both defendants were charged with money laundering offenses in counts five, six, ten, eleven, twenty-four and twenty-five.

         The money laundering counts, which included a conspiracy charge as well as underlying substantive charges, stemmed primarily from defendants' alleged use and concealment of the proceeds of the unlawful drug activity by purchasing real property, cars, trailers, trucks, and making cash deposits.

         Defendants were jointly tried before a jury beginning on January 16, 2018. Following the conclusion of the government's case in chief, Myles moved for a judgment of acquittal on all counts. That motion was partly granted by the Court, acquitting Myles on counts ten, eleven, twenty-four and twenty-five, which had charged Myles with the purchase of specific vehicles in violation of 21 U.S.C. §§ 841(a)(1) and 846. Webb also moved for a judgment of acquittal on all counts, which was denied in full.

         On January 20, 2018, the jury returned a verdict of guilty on Myles' remaining counts, counts five and six. The jury found Webb guilty of counts one, four, five, six through eleven, fourteen, sixteen, twenty-four, twenty-five and twenty-eight. The jury found Webb not guilty of counts twelve, thirteen, fifteen, eighteen and twenty.

         Both defendants filed the instant motions on February 2, 2018. Defendants have both moved for judgments of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure, and for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. The government responded in opposition.

         ANALYSIS

         Judgment of Acquittal

         A judgment of acquittal is granted pursuant to Rule 29(c) of the Federal Rules of 1 Criminal Procedure. Such a judgment is appropriate when the evidence presented was insufficient to sustain a conviction. When, after viewing the evidence in the light most favorable to the government, the evidence is sufficient for any rational trier of fact to find the essential elements of the crime beyond a reasonable doubt, a judgment of acquittal cannot be granted. United States v. United Med. & Surgical Supply Corp., 989F.2d 1390, 1402 (4th Cir, 1993).

         First, both defendants argue that the evidence offered at trial was insufficient. The Court finds that there was sufficient evidence to sustain their convictions.

         The evidence offered at trial of Webb's drug trafficking was extensive and included testimony from Webb's supplier of cocaine as well as the dealers he hired to distribute the product; recorded phone calls during which Webb discussed his cocaine deals; and the physical powder cocaine and crack cocaine seized from residences Webb either owned or occupied.

         Evidence of both defendants' involvement in money laundering included witness testimony, recorded phone calls, and the title history of the purchased vehicles. Because of this evidence, a reasonable juror could find that defendants committed money laundering by purchasing assets with Webb's illegal proceeds and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.