Appeal from the United States District Court for the Eastern District of Oklahoma. (D.C. No. 6:13-CR-00010-RAW-2).
Barry L. Derryberry, Research and Writing Specialist, Office of the Federal Public Defender, Tulsa, Oklahoma, (Julia L. O'Connell, Federal Public Defender, Office of the Federal Public Defender, Tulsa, Oklahoma, with him on the brief) for Defendant-Appellant.
Linda A. Epperley, Assistant United States Attorney, Office of the United States Attorney, Muskogee, Oklahoma, (Mark F. Green, United States Attorney, and Kyle Evan Waters, Assistant United States Attorney, Muskogee, Oklahoma, with her on the brief) for Plaintiff-Appellee.
Before BACHARACH, BALDOCK, and McHUGH, Circuit Judges.
BALDOCK, Circuit Judge.
A jury convicted Defendant Maurice Edwards of a single count of Possession of Controlled Substances with Intent to Distribute, in violation of 21 U.S.C. § § 841(a)(1), 841(b)(1)(B)(viii), 841(b)(1)(D), and 18 U.S.C. § 2. On appeal, he asserts (1) the admission of an anonymous 911 call that mentioned him by name violated the Confrontation Clause, (2) the trial evidence and jury instructions that allowed him to be convicted as a principal constructively amended his indictment, and (3) the jury instruction on aiding and abetting omitted an essential element. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
On the afternoon of January 14, 2012, an anonymous female called McAlester, Oklahoma 911 and reported information to the dispatcher, Heather Howard. The call proceeded as follows:
Dispatch: Police Department. This is Heather.
Caller: Um. Yeah. Um. Is there any way that we could, um,--I could make a report on something? Who could I speak with about it?
Dispatch: Okay. What kind of report and what's going on?
Caller: Okay. I just know that there is going to be a car coming in with a whole lot of drugs and I just wanted to let the appropriate authorities know.
Dispatch: Okay. Where are they coming from?
Caller: They're coming from Oklahoma City. They are going to take I-40 and they're gonna go down the Turnpike.
Dispatch: To where?
Caller: To McAlester. They're headed to McAlester, Oklahoma.
Caller: But they're coming from Oklahoma City.
Dispatch: How do you know there's gonna be a bunch of drugs in it?
Caller: Because I'm looking at them right now leaving.
Caller: They're heading that way.
Dispatch: Okay ma'am. Okay. You said they're gonna take I-40 into McAlester. Do you know where they're coming in McAlester?
Caller: Uh, no I don't know where they're coming in from but I know that they're--they take the turnpike and they come in through where that main street is. Like that first exit in McAlester.
Dispatch: Uh huh. Okay. And who are these people?
Caller: Um. They're two black guys.
Dispatch: Do you know their names?
Caller: Yeah. One of them is Maurice Edwards and the other one is ...