United States v. Willie Cruso Free

Defendant/Appellant Willie Cruso Free (“Free”) was found guilty by a jury and convicted of first degree murder (in violation of 18 U.S.C. § 1111 ), conveyance of a weapon within a federal penal institution (in violation of 18 U.S.C. § 1792 ), and assault on a federal officer (in violation of 18 U.S.C. § 111 ). The jury found Free not guilty of two additional counts of assaulting federal officers.

Free appeals his conviction pursuant to 28 U.S.C. § 1291 on two grounds: (1) the District Court abused its discretion in denying Free’s pre-trial motion to sever the trial of the murder and weapon conveyance charges from the assault charges; and (2) the evidence at trial was insufficient to support the murder and weapon conveyance convictions. We affirm.

I. FACTS

In August 1983, Free was incarcerated in the maximum-security United States Penitentiary at Lompoc, California (“USP Lom-poc”) to serve a life sentence plus eleven years. Free and co-inmate Louis Codianni (“Codianni”) struck an agreement whereby Free would supply Codianni with drugs and protection in exchange for sexual favors.

On September 7, 1983, a prison officer discovered Free and Codianni preparing to engage in…