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United States of America v. Winston Mcghee, A/K/A Pooh

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A jury found Winston McGhee guilty of possession of cocaine base (at least five grams), 21 U.S.C. _ 844(a) (2006), and of possession of cocaine base with intent to distribute (less than five grams), id. _ 841(a)(1). *fn1 He now appeals on three grounds: that the search of his person violated the Fourth Amendment; that the court impermissibly allowed a testifying chemist to rely in part on another chemist’s test results as to one drug sample (the sale of which was not charged); and that at sentencing, a youthful offender adjudication was improperly treated as a career offender predicate.

During June and July 2006, Jeffrey Stone (a sergeant in the Massachusetts State Police) and Nicholas Curelli (a detective in the Oak Bluffs, Massachusetts, Police Department) investigated reports of cocaine sales by Jordan Clements, her boyfriend Calvin, and his friend called “Pooh.” On July 10, a confidential informant made a controlled purchase of a sample from Pooh, which Stone observed before following Pooh back to the Nashua House hotel. The sample was contained in a corner of a plastic bag that had been twisted and cut off from the original bag. The officers concluded from appearance and a field test that the sample was crack cocaine, and a Nashua House employee informed Curelli that Clements and two men were staying in Room 6 of the hotel.

Based on this evidence, the officers obtained a warrant permitting them to search for cocaine and records, money, or paraphernalia related to illegal drug possession in Room 6 and on the person or in the possession of Clements, Calvin, and Pooh. That evening, the officers stopped McGhee as he entered the hotel–he denied using the name Pooh and identified himself as Winston McGhee–and in a pat down took from him a knife. McGhee walked up to Room 6 with the officers, and Curelli began to search him while Stone searched the room.

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