United States Court of Appeals, District of Columbia Circuit
March 13, 2019
Appeals from the United States District Court for the
District of Columbia (No. 1:16-cr-00144-TSC-3) (No.
1:16-cr-00144-TSC-2) (No. 1:16-cr-00144-TSC-1)
Deborah A. Persico, appointed by the court, argued the cause
for appellant Brantley.
Stephen C. Leckar, appointed by the court, argued the cause
for appellant Rowe.
Charles J. Soschin, pro bono, argued the cause for appellant
Norman. With them on the briefs was Joseph R. Conte,
appointed by the court.
Pearce, Attorney, U.S. Department of Justice, argued the
cause for appellee.
brief was Molly Gaston, Trial Attorney. Elizabeth Trosman,
Assistant U.S. Attorney, entered an appearance.
Before: Henderson and Griffith, Circuit Judges, and Sentelle,
Senior Circuit Judge.
SENTELLE, SENIOR CIRCUIT JUDGE:
concurring in the judgment filed by Circuit Judge
Alicia Norman, Kendra Brantley, and Deenvaughn Rowe appeal
from judgments of conviction on multiple counts of conspiracy
to commit bribery, bribery, and conspiracy to distribute and
possess marijuana with the intent to distribute. Rowe and
Brantley were convicted on all charges, and Norman on the
charges of bribery and conspiracy to commit bribery.
Appellants seek reversal of all judgments of conviction on a
variety of allegations of error. We hold that none of the
allegations of error have merit and affirm the judgments of
the district court. Rowe also raises a colorable claim of
ineffective assistance of counsel. Obedient to our circuit
practice, we are remanding the claim for further proceedings.
the time of the commission of the alleged crimes, all
appellants were employees of the United States Postal Service
(USPS). Rowe was the acting station manager at the River
Terrace Post Office in Northeast Washington, D.C. Brantley
and Norman were letter carriers at the Lamond-Riggs Post
Office. Prior to entering his position as acting manager at
the River Terrace Office, Rowe had worked with his
co-defendants at the Lamond-Riggs station.
to the evidence at trial, Rowe knew of packages being sent
through the USPS from California to addresses in the
Lamond-Riggs area. Some of the packages had incomplete
addresses, others had nonexistent addresses. Rowe used his
USPS computer to track the packages from the west coast to
the Lamond-Riggs Post Office. When one of the packages he was
tracking arrived, Rowe would notify Brantley or Norman. The
notified carriers would then deliver the package to
individuals on the street rather than to the delivery
addresses on the packages.
investigators surveilled the activity of the three postal
employees. The evidence at trial, including surveillance
tapes, revealed that Rowe would scan the packages, determine
that they were the ones in which he was interested, and that
the co-defendants would receive cash from the driver of a
white Range Rover in exchange for the packages. The evidence
also revealed texts ...