United States v. Williams

United States of America Plaintiff - Appellee

v.Shannon E. Williams, also known as Donald Jarmon, also known as Thumbs Defendant - Appellant

United States of America Plaintiff - Appellee

v.$1,000.00 refunded to Mango Creek Properties, Inc. from GBS Partners, Inc.

seized on January 28, 2010; $1,000.00 seized on December 22, 2009 from Spence

Escrow Company from an escrow account holding money for Deshawn

Hernandez; $85,120.00 in United States currency seized from safe deposit box

number 29 at Pinnacle Bank on December 18, 2009; $15,545.95 seized from

Pinnacle Bank Account No. 6912183410 in the name of Mango Creek Properties,

Inc. on December 18, 2009; $1,445.00 in United States currency delivered to

Terry Haddock by Deshawn Hernandez on May 27, 2009 and on July 6, 2009;

North 91.5 Feet, West 28 Feet, Lot 6, in the North 91.5 Feet of Lot 7, Block 4,

Parkers Addition, as surveyed, platted and recorded in Douglas County,Nebraska,

commonly known as 1923 N. 27th Street, Omaha, Nebraska, titled in the name of

Shannon Williams; Lot 12, Block 2, Hitchcock's 1st Addition, an Addition to the

City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska,

commonly known as 3744 Lake Street, Omaha, Nebraska, titled in the name of

Shannon Williams; 3181 Pennington Cir SW, Atlanta, Georgia, as surveyed,

platted and recorded in Fulton County, Georgia, commonly known as 3181

Pennington Cir. SW, Atlanta, Georgia, titled in the name of E Zone Investments,

LLC; Hastings & Heydens 3rd Add, Lot 14, Block 0, Lots 13 &82 x 120, as

surveyed, platted and recorded in Douglas County, Nebraska, commonly known as

2444 Browne Street, Omaha, Nebraska, titled in the name of Deshawn Hernandez;

Fairfax, Lot 216, Block 0 40 x 134, as surveyed, platted and recorded in Douglas

County, Nebraska, commonly known as 3721 N. 39th Street, Omaha, Nebraska,

titled in the name of Mango Creek Properties, Inc.; Mossman &Wilson Add, Lot

106, Block 0, Lot 106, Block 0, as surveyed, platted and recorded in Douglas

County, Nebraska, commonly known as 2205 N. 39th Street, Omaha, Nebraska,

titled in the name of Shannon Williams; Wilson Carl C2nd Add, Lot 20, Block 0

42 X 129.2, as surveyed, platted and recorded in Douglas County, Nebraska,

commonly known as 4527 N. 36th Avenue, Omaha, Nebraska, titled in the name

of E Zone Investments, LLC; Fontenelle Park, Lot 205, Block 0 40 X 130, as

surveyed, platted and recorded in Douglas County, Nebraska, commonly known as

3916 N. 42nd, Omaha, Nebraska, titled in the name of E Zone Investments, LLC;

Yale Place, Lot 49, Block 0EX S 5 Ft 40 X 98.2, as surveyed, platted and recorded

in Douglas County, Nebraska, commonly known as 3365 Erskine Street, Omaha,

Nebraska, titled in the name of E Zone Investments, LLC; West 38', East 76 Feet

of Lots 16 and 17, and Lot 18, Block 4, Lowe's Subdivision, as surveyed, platted

and recorded in Douglas County Nebraska, commonly known as 3106 Decatur

Street, Omaha, Nebraska, titled in the name of Latreise Anderson Defendants

Shannon E. Williams Claimant - Appellant

Violet Goodwin Interested party

United States of America Plaintiff - Appellee

v.$1,000.00 refunded to Mango Creek Properties, Inc. from GBS Partners, Inc.

seized on January 28, 2010; $1,000.00 seized on December 22, 2009 from Spence

Escrow Company from an escrow account holding money for Deshawn

Hernandez; $85,120.00 in United States currency seized from safe deposit box

number 29 at Pinnacle Bank on December 18, 2009; $15,545.95 seized from

Pinnacle Bank Account No. 6912183410 in the name of Mango Creek Properties,

Inc. on December 18, 2009; $1,445.00 in United States currency delivered to

Terry Haddock by Deshawn Hernandez on May 27, 2009 and on July 6, 2009;

North 91.5 Feet, West 28 Feet, Lot 6, in the North 91.5 Feet of Lot 7, Block 4,

Parkers Addition, as surveyed, platted and recorded in Douglas County, Nebraska,

commonly known as 1923 N. 27th Street, Omaha, Nebraska, titled in the name of

Shannon Williams; Lot 12, Block 2, Hitchcock's 1st Addition, an Addition to the

City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska,

commonly known as 3744 Lake Street, Omaha, Nebraska, titled in the name of

Shannon Williams; 3181 Pennington Cir SW, Atlanta, Georgia, as surveyed,

platted and recorded in Fulton County, Georgia, commonly known as 3181

Pennington Cir. SW, Atlanta, Georgia, titled in the name of E Zone Investments,

LLC; Hastings & Heydens 3rd Add, Lot 14, Block 0, Lots 13 &82 x 120, as

surveyed, platted and recorded in Douglas County, Nebraska, commonly known as

2444 Browne Street, Omaha, Nebraska, titled in the name of Deshawn Hernandez;

Fairfax, Lot 216, Block 0 40 x 134, as surveyed, platted and recorded in Douglas

County, Nebraska, commonly known as 3721 N. 39th Street, Omaha, Nebraska,

titled in the name of Mango Creek Properties, Inc.; Mossman &Wilson Add, Lot

106, Block 0, Lot 106, Block 0, as surveyed, platted and recorded in Douglas

County, Nebraska, commonly known as 2205 N. 39th Street, Omaha, Nebraska,

titled in the name of Shannon Williams; Wilson Carl C2nd Add, Lot 20, Block 0

42 X 129.2, as surveyed, platted and recorded in Douglas County, Nebraska,

commonly known as 4527 N. 36th Avenue, Omaha, Nebraska, titled in the name

of E Zone Investments, LLC; Fontenelle Park, Lot 205, Block 0 40 X 130, as

surveyed, platted and recorded in Douglas County, Nebraska, commonly known as

3916 N. 42nd, Omaha, Nebraska, titled in the name of E Zone Investments, LLC;

Yale Place, Lot 49, Block 0EX S 5 Ft 40 X 98.2, as surveyed, platted and recorded

in Douglas County, Nebraska, commonly known as 3365 Erskine Street, Omaha,

Nebraska, titled in the name of E Zone Investments, LLC; West 38', East 76 Feet

of Lots 16 and 17, and Lot 18, Block 4, Lowe's Subdivision, as surveyed, platted

and recorded in Douglas County Nebraska, commonly known as 3106 Decatur

Street, Omaha, Nebraska, titled in the name of Latreise Anderson Defendants

Shannon E. Williams Claimant - Appellant

No. 11-3437

No. 12-1941

No. 12-1949

No. 13-1200

United States Court of Appeals For the Eighth Circuit

Submitted: February 13, 2013

Filed: July 11, 2013

Appeal from United States District Court

for the District of Nebraska - Omaha

Before SMITH, MELLOY, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Shannon Williams was indicted and convicted by jury of conspiring to distribute and possess with the intent to distribute 1000 kilograms or more of marijuana and of laundering the related proceeds. The indictment also contained a criminal forfeiture count for certain real and tangible properties obtained as a result of the conspiracy. After Williams's trial, both Williams and the government moved to dismiss the forfeiture count—Williams with prejudice and the government without prejudice—due to a procedural error. The district court denied Williams's motion and granted the government's motion, and the government subsequently instituted a civil in rem forfeiture action for the same properties. These consolidated cases pertain to Williams's direct appeal of his criminal convictions and his appeal of the dismissal motions pertaining to the criminal forfeiture count and the in rem civil action.

For the reasons set forth below, we affirm the district court¹ and deny relief to Williams in all respects.

I. Direct Appeal of Criminal Convictions

A. Factual Background²

Since at least as early as 2006, Williams was involved in a conspiracy to import marijuana into the Omaha, Nebraska metropolitan area (the "marijuana conspiracy"). Williams met Richard Conway at a halfway house in 2006, and Conway subsequently became involved in the marijuana conspiracy. Conway and several other individuals were arrested in October 2008 in Omaha after they accepted delivery of a controlled shipment of marijuana from another one of Williams's associates. Williams paid his attorney, Eric Whitner, to represent Conway in connection with the marijuana charges.³ Conway wanted to cooperate with the government, however, and agreed to provide information to law enforcement regarding Williams's involvement in the marijuana conspiracy. Because Conway feared that Whitner would tell Williams about his cooperation with the government, Conway wanted to speak to law enforcement outside of Whitner's presence and began associating with attorney Terry Haddock, whom Conway met through one of the other individuals arrested alongside him in Omaha.

Conway believed that attorney Whitner was also involved in the marijuana conspiracy, and attorney Haddock encouraged Conway to further cooperate with the government by wearing a recording device during his next meeting with Whitner. Conway recorded his next conversation with Whitner but refused to record any further meetings because he believed that Whitner was suspicious of him. Whitner subsequently arranged for Conway to be represented by a third attorney and shortly thereafter withdrew as Conway's counsel; Haddock remained as Conway's co-counsel.

Prior to withdrawing as Conway's counsel and throughout his representation of Conway, attorney Whitner routinely smuggled a cell phone into the detention center where Conway was being held for Conway to contact Williams. After Whitner withdrew from representing Conway, attorney Haddock provided this same service to Conway, who told Williams about Haddock. Detention-center officials were aware that Haddock was providing Conway with a cell phone but allowed it because Conway was continuing to cooperate with the government by providing information about Williams.

In late 2008, Williams began contacting attorney Haddock directly. Williams and Haddock discussed, inter alia, the marijuana charges pending against Conway. In one conversation, Williams indicated that he intended to kill two key witnesses against Conway; Haddock reported the threat to law enforcement. Williams also asked Haddock on behalf of a friend (Dion) about the sentencing disparity between "crack" cocaine and powder cocaine per the U.S. Sentencing Guidelines Manual, a topic on which Haddock had written an academic...