United States District Court, District of Columbia
Decided: April 23, 2013.
For REGINALD BAUGHAM, also known as Reds, Defendant: Anthony Douglas Martin, LEAD ATTORNEY, ANTHONY D MARTIN, PC, Greenbelt, MD; Herbert Levenstein, LEAD ATTORNEY, KOPSTEIN & ASSOCIATES, LLC, Seabrook, MD.
For UNITED STATES OF AMERICA, Plaintiff: Thomas Anthony Quinn, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Special Proceedings Division, Washington, DC; Margaret J. Chriss, U.S. ATTORNEY'S OFFICE, Washington, DC.
Royce C. Lamberth, Chief United States District Judge.
Now before the Court is petitioner Reginald Baugham's pro se Motion  to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. Upon consideration of petitioner's pro se Motion , the Government's Opposition , the entire record herein, the applicable law, and for the reasons set forth below, petitioner's motion will be denied.
Petitioner Reginald Baugham (" Baugham" or " Petitioner" ) was a prominent player in a drug conspiracy located near the intersection of 60th and Blaine Streets, Northeast, from approximately 1992 through May of 2000. Pre-Sentence Investigation Report (" PSR" ) ¶ 8.  The Metropolitan Police Department conducted an investigation of the outfit, which it deemed the " Marco Polo Crack Distribution Ring."  Id. at ¶ 7. Aspects of the investigation included drug seizures, surveillance activities, use of cooperating witnesses, and undercover police activity. Id. MPD ultimately arrested sixteen people in connection with its investigation. Id.
Baugham's alleged role in the conspiracy at trial was as a " major supplier of crack cocaine to other dealers," who then distributed it throughout the area in which the enterprise operated. Id. Baugham sold crack on a daily basis, and began acting as a wholesale supplier to others sometime in 1997, ultimately supplying at least five other
drug distributers. Id. at ¶ 9. Baugham often worked closely with Michael Wells, his half-brother, to buy and sell larger quantities of crack. Id. at ¶ 10.
By a twenty-four count indictment returned by the grand jury against sixteen defendants, petitioner was charged with: (1) conspiracy to distribute and possess with intent to distribute fifty grams or more of cocaine base, in violation of 21 U.S.C. § 846; (2) unlawful distribution of cocaine base, and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and 18 U.S.C. § 2; (3) unlawful possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1); (4) using, carrying, and possessing a firearm during a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1); and (5) possession with intent to distribute five grams or more of crack cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii), and 18 U.S.C. § 2. Gov't Opp'n 2, ECF No. 658.
After denying petitioner's motion to sever, Order, ECF No. 269, the Court tried Baugham along with four codefendants. Petitioner's defense at trial amounted to admitting to selling drugs but denying his membership in the conspiracy. Gov't Opp'n 18. Among the evidence presented at trial was a surveillance videotape showing Baugham giving a plastic bag to Darrell Young, which was found to contain 2.7 grams of crack, PSR ¶ 17; various informants who testified to obtaining crack from Baugham on a regular basis throughout the course of the conspiracy, id. at ¶ ¶ 22-24, 27; and a witness called by ...