Stephon Williams was convicted of federal charges of conspiracy to distribute cocaine and crack cocaine in violation of 21 U.S.C. 846 following a jury trial in a Georgia federal court. Williams was charged with conspiring with his codefendant Donterius Toombs who also went trial with Williams. The government called a witness named Bennet to testify at their trial.
At the time of this trial Bennet was appealing his drug conviction by challenging his sentence enhancement for an obstruction of justice for sending a letter to Toombs, Williams’ coconspirator, asking him to cooperate on Bennett’s in exchange for a substantial payment and to market a cooperation-for-hire scheme to inmates seeking sentence reductions. The attorney representing Williams at his trial was also representing Bennet on his sentence enhancement challenge in the Eleventh Circuit court of appeals.
In his testimony Bennet did not mention Williams by name but he supported the government’s case against both Williams and Toombs by directly describing and by corroborating other witnesses’ testimony concerning the drug distribution conspiracy alleged in the indictment. In his direct examination, Bennet made no mention of his letter to Mr. Toombs or how he had received and obstruction of justice enhancement at sentencing. Toombs’ counsel cross-examined Bennet but did not bring up the topic. Williams’ counsel asked no questions when it came to his turn on cross examination.