U.S. v. Butler

MICHAEL, Senior District Judge: Appellants Tyrone Butler and Albert Campbell, III were convicted of conspiracy to possess cocaine and cocaine base with intent to distribute, in violation of 21 U.S.C. § 846. In addition, Butler was convicted of possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On appeal, Butler argues that (1) the trial court abused its discretion by limiting his ability to recall the government's key witness during the presentation of his defense; (2) application of the sentencing guidelines violates his equal protection rights because possession of cocaine base is punished at a much greater level than possession of powdered cocaine; and (3) there was insufficient evidence to convict him because the government's key witness was not credible and there was little corroborating evidence presented to support the witness's claims. Campbell also makes numerous arguments in an effort to reverse his conviction. He contends that (1) the trial court abused its discretion by admitting evidence of his 1987 conviction for possession of cocaine; (2) the trial court abused its discretion by refusing to repeat its earlier instruction to the jury to disregard inadmissible evidence of a 1988 cash seizure; (3) the trial court abused its discretion by failing to sever his trial from that of the other defendants; (4) the trial court erred in denying his motions to suppress; (5) the trial court abused its discretion by permitting a law enforcement to testify that money seized from Campbell was packaged in ""dealer folds""; and (6) the sentencing guidelines are, on their face, unconstitutional because they distinguish between cocaine and cocaine base, two substances that are chemically indistinguishable. Each of appellants' claims will be analyzed separately below.