United States District Court, E.D. North Carolina, Western Division
TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE.
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
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.
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.
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.
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.
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
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).
both defendants argue that the evidence offered at trial was
insufficient. The Court finds that there was sufficient
evidence to sustain their convictions.
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.
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 ...