Page 32 - January February 2020 TPJ

To convict Skaggs of conspiracy to possess with intent Short appeals the district court’s denial of his motion
to distribute 50 grams or more of meth, 21 U.S.C. § 846, for acquittal and the district court’s calculation of the
the jury was required to find that: quantity of drugs attributable to him at sentencing. We
AFFIRM
(1) two or more persons agreed to possess meth
with the intent to distribute it; Bounds argues that the district court erred in denying
his motions to substitute counsel… [This appeal was
(2) Skaggs knew of the unlawful purpose of the denied by the Court]
agreement;
Herrera
(3) Skaggs joined in the agreement willfully,
that is, with intent to further its unlawful Herrera appeals the district court’s denial of her motion
purpose; to suppress evidence obtained from a search of two cell
phones found in her possession.2 She alleges that there
(4) the overall scope of the conspiracy involved was no probable cause for a search warrant because the
at least 50 grams of a mixture containing a facts in the affidavit supporting the search warrant were
detectable amount of meth; stale and the affidavit supporting the search warrant

lacked any evidence establishing a nexus between her
(5) Skaggs knew or reasonably should have known that
cell phones and ongoing drug activity. She also argues
the scope of the conspiracy involved at least 50 grams
that the good faith exception to the exclusionary rule
of a mixture containing a detectable amount of meth.
should not apply. We AFFIRM.
“[A] defendant may be convicted of a conspiracy if the
Summary of Relevant Facts and Proceedings
evidence shows that he only participated at one level of
the conspiracy charged in the indictment, and only In 2015, the DEA and Homeland Security began
played a minor role in the conspiracy.” “The investigating allegations that Herrera had been
government does not have to prove that the defendant distributing meth since October 2014. On June 30,
knew all of the details of the unlawful enterprise or the 2016, she was arrested. At the time of her arrest, Herrera
number or identities of all of the co-conspirators, as long possessed two cell phones—an LG phone and an
as there is evidence from which the jury could Alcatel phone, which the government seized. On July
reasonably infer that the defendant knowingly 5, the government applied for a warrant to search the
participated in some manner in the overall objective of phones. The search warrant application contained an
the conspiracy.” Id. However, “the government may not affidavit from Special Agent Perry Moore (“Moore”), a
prove up a conspiracy merely by presenting evidence DEA Task Force Officer with the Fort Worth Police
placing the defendant in a climate of activity that reeks Department. In it, Agent Moore states that based on his
of something foul.” knowledge, training, and expertise in investigating
narcotics offenses, “drug traffickers utilize multiple
Judge testified that she introduced Skaggs to Bowden, cellular telephones to conduct drug trafficking
a supplier named in the indictment. Specifically, Judge
business,” and “communicate via traditional phone
explained, “I called [Bowden] and asked her if she
calls, and the sending/receiving of electronic
could bring me some dope for my Brownwood people.
communications via multimedia message service
She came and she met him.” Judge testified that they
(MMS) and short message service (SMS) messages.”
engaged in a transaction involving half a pound of meth. He further states: In 2014, Agents/Officers received
This testimony describes an agreement between Skaggs
information that Nicole HERRERA was currently
and Bowden, a named co-conspirator, to possess with
trafficking multiple ounce quantities of crystal
intent to distribute more than 50 grams of meth, and it,
methamphetamine in the Fort Worth, Texas area.
along with the other evidence admitted against Skaggs,
Coconspirator Sarah Kirkpatrick identified Nicole
is enough to show that a rational trier of fact could have HERRERA as a methamphetamine distributor who she
found the essential elements of the crime beyond a
knew was supplying multi ounce quantities of
reasonable doubt. We AFFIRM.
methamphetamine to her boyfriend, another co-

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