United States v. Johnson

UNITED STATES OF AMERICA, Plaintiff - Appellee v. LONNIE D. JOHNSON, also known as D-Money;LARSHANDRA DAVENPORT, also known as Shonda Morris;JIMMIE R. DURDEN, JR.; GARY J. MCCAIN, also known as RoRo;DEMARCUS D. MORRIS, also known as GG, also known as Gezzy, Defendants - Appellants

No. 19-30619

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

August 11, 2020

Appeals from the United States District Court for the Western District of Louisiana

USDC No. 5:17-CR-173-4

Before JOLLY, JONES, and WILLETT, Circuit Judges.

PER CURIAM:^*

In this direct criminal appeal, defendants-appellants raise ten challenges to their convictions of racketeering, drug conspiracy and distribution, and possession of a firearm by a felon. Finding no error, we reject all challenges and AFFIRM.

BACKGROUND¹

This case revolves around the Block Boyz, a Shreveport rap group turned criminal enterprise. The Block Boyz was largely a family affair; it was led by Demarcus Morris² and his brother Frank, with their mother, Larshandra Davenport, providing protection and a home base. Jimmie Durden, who had a child with Morris's sister, was a member of the Block Boyz as was Lonnie Johnson, a cousin. The final member of the cohort implicated in the case at bar is Gary McCain, a family friend. Over the course of several years, the Block Boyz engaged in shootouts, robberies, and drug deals, all in the pursuit of wealth. A mountain of evidence, much of which is detailed below, was presented over the course of a lengthy trial, culminating in convictions for Johnson, Morris, Durden, and Davenport of conspiracy to participate in the affairs of a racketeering enterprise; Morris, Durden, McCain, and Davenport of conspiracy to distribute controlled substances; Morris of distributing crack cocaine; Durden, McCain, and Morris of possessing a firearm while a felon; and Davenport of distributing powder cocaine.

The Block Boyz began in 2010 when Frank Morris and Lonnie Johnson, along with a few friends, decided to start a rap group. The group quickly grew to include Demarcus Morris, Jimmie Durden, and Gary McCain, among others. As the group expanded, its purpose devolved from producing rap music to selling drugs and engaging in robberies. Predictably, guns got involved as the Block Boyz took "care of each other" and staved off rival gangs. They were a tightknit group, quick to defend one another and quick to exclude someone ifthey "stopped hustling." To identify themselves, the group wore red, got tattoos, and posted photos and status updates together on social media, sometimes while wearing red or in "Blockboy" t-shirts.

Many of the Block Boyz's shenanigans were geared towards obtaining and selling drugs. The groups' earliest documented involvement with drugs occurred on January 26, 2011, when, during a traffic stop, officers seized 60 grams of marijuana and 60 dosage units of ecstasy pills from Durden's pocket. Three years later, officers stopped Frank Morris, who was driving with other members of the Block Boyz, and found a loaded Mac 10 submachine gun, three loaded handguns, 40 grams of marijuana, Xanax, and digital scales. In January 2016, officers stopped Demarcus Morris after a hit-and-run; they found 100 bags of crack cocaine, a loaded gun, approximately $1,700 in cash, and digital scales. A few months later, officers apprehended McCain while he was driving Morris's car and discovered a loaded assault rifle and marijuana.

Between May 5, 2016 and June 22, 2016, a government informant, Q.T., made six controlled crack purchases from Morris and attempted a seventh. Morris—or McCain, who accompanied Morris—was often armed during these transactions. Cocaine was sometimes delivered by a third party to Morris, who in turn offered to cook it into crack for Q.T.; Q.T. paid Morris extra for this service. In addition to buying crack from Morris, Q.T. purchased a shotgun.

On July 14, 2016, Durden's aunt, Rhonda Noyes, called Morris to tell him that she had a source for "some soft [powder]." Morris relayed the message to Durden. The next week, Davenport called Morris to tell him that a buyer was waiting to get a "dime" from him. Four days later, Morris sent Durden to make a drug sale. On July 28, Morris called a seller to ask about the price of "snow." A week later, he called another seller to inquire about drug availability. Morris and the seller met shortly thereafter. That same day, Morris placed a call seeking "another four." A seller agreed to "hook y'alls boys up," and the twoagreed on a meeting spot. These types of calls continued the next day, including a call between Davenport and Morris during which Davenport informed Morris that she had a buyer who was looking for marijuana. Two days later, Morris helped Davenport sell 116 15-milligram pills of Roxicodone. Between April 25 and June 26, 2017, Q.B., a police informant, bought powder cocaine from Davenport four times.

Morris and Durden tried to conceal their drug dealings from police. On July 28, 2016, Durden called Morris to warn him that police were seeking a warrant for Davenport's home. Morris responded that they needed to go "clean" the home and move supplies to "Granny's house"—also referred to as the Midway house—where Morris's grandmother and his brother, Frank, resided. Three hours later, a member of the Block Boyz called Morris to tell him that the police were searching the Midway house instead. McCain was also made aware of this change. From the Midway house, police seized a backpack filled with one-gallon bags containing residue, digital scales, counterfeit money, ammunition, a gun, a 30-round magazine for a rifle or AR pistol, and a case for a .40 caliber gun; they also arrested Frank Morris.

As the above facts suggest, the Block Boyz regularly handled and dealt guns. Morris, in particular, was prone to engage in trade discussions and barter for firearms. For instance, on August 2, 2016, Robert Cannon, another member of the Block Boyz, told Morris he had someone who wanted to sell "some ninety nines"—"the model them cops had with the night vision scopes"—for "two fifty." Morris responded that he wanted one. Cannon later told Morris to have McCain meet him at a convenience store, the Stop-N-Fly, with cash. That same night, Cannon asked Morris if McCain wanted to trade his Glock for "[t]hat Uzi and two dollars"; Morris said he would have McCain contact Cannon. Durden was also involved in gun transactions. He had discussionswith Morris about acquiring firearms and occasionally would run pick-ups for Morris.

The Block Boyz used their guns to fight rival gangs and to conduct robberies. The earliest documented gun fight involving a member of the Block Boyz occurred in May 2012. McCain, who was dressed in "all red," was shot while at a club. He responded by firing a gun at individuals in a Crown Victoria, shooting one person in the head and another in the face. McCain also shot at rival gang members on December 13, 2013. While riding as a passenger in a car, he was shot at and fired back. McCain's car had multiple bullet holes in it, caused by shots fired from both inside and outside the vehicle.

In May 2012, both Johnson and Morris fired guns during fights with rivals. Johnson hit someone in the leg and Morris assaulted a pregnant woman. On August 18, 2012, Durden shot at Jacorvin Taylor at the Stop-N-Fly. In 2016, Durden and Morris were recorded discussing shooting a member of a rival gang, the Trap Boyz. Later that year, several men shot at an apartment complex where McCain, Durden, and Morris lived. In a series of calls, Davenport discussed the shooting with Morris and McCain and discovered that police were looking for Morris's car. The car was hid at Morris's aunt's house.

On July 26, 2016, a member of the Trap Boyz "tried to get at" Morris and Durden. Morris called around see if anyone had seen "that little red car" and asked to borrow a truck. Later that day, the police, responding to a call reporting gunfire, found a red Dodge truck with bullet holes in it. Morris boasted to a friend the next day about the shooting, mocking the Trap Boyz as terrible shots. Despite having escaped injury-free, Morris was upset by the shooting and mentioned to Durden that they should gun down the rival gang. Morris acted on that threat, but with no success. Conflict with the Trap Boyzextended into the prisons, where McCain and a rival gang member got into a brawl.

Robberies were another central feature of the Block Boyz's enterprise. On January 28, 2014, Adams, a member of the Block Boyz, dropped off Johnson and Morris's cousin, Hammer, at the Kings Manor apartments. A few minutes later, Adams heard gunshots before seeing Johnson and Hammer running back to the car. According to Kameshia Martin, whose home Johnson and Hammer targeted, two men entered her bedroom through the window while she was asleep. One of the men held a gun on Martin while the other went through the apartment taking, among other things, a laptop and a phone.³ Martin, who had a gun under her pillow, eventually was able to fire at the intruders; they returned fire, shooting Martin three times. Officers found shell casings and bullet holes throughout Martin's apartment. They also discovered that Martin's fiancé's car (where a gun was stored) had been broken into. Johnson later admitted to friends that he had broken the car window to steal the gun.

Hammer, Johnson, and Adams were involved in a second armed robbery that night. After meeting up with Morris, the group traveled to the Briarwood Apartments. They had received word that one of the residents had "a lot of dope" and money. Residing at the Block Boyz's targeted apartment was Deandre Jackson, his girlfriend, his mother, his brother, and two younger siblings. Hammer and Johnson, both wearing masks, came into the apartment; one held a gun to Jackson's head, took him into another room, demanded money, and fired a shot into the air. At some point, either Hammer or Johnson began shooting, and Jackson's b...