United States v. Black

Perdue developed a plan to overthrow the Republic of Dominica by assembling a mercenary army for purposes of establishing a cocaine-refining plant. Wolfgang Droege, Perdue’s lieutenant, recruited Joe Hawkins (defendant), who helped obtain financing. Ku Klux Klan (KKK) member David Duke recruited Stephen Black (defendant), who assisted in recruiting others. All boarded a ship with military equipment, planning to set sail for Dominica the following day. Unbeknownst to those aboard, the ship’s captain contacted the Bureau of Alcohol, Tobacco and Firearms, which sent an undercover agent to investigate. Droege told the agent of their plan to manufacture cocaine in Dominica. All 10 men aboard the ship, including Black, were arrested and charged with seven crimes. Black asserted that the group’s motives were to protect the United States from communism by joining forces with Dominica. Black also admitted to having an equity stake in a cocaine company the group intended to establish in Dominica after its government takeover. At trial, Black was convicted of violating the Neutrality Act and of conspiracy. Black appealed, arguing that he received an unfair trial because of the admission of unduly prejudicial evidence, including (1) a codefendant’s Nazi flag introduced along with military equipment and fatigues, (2) testimony related to plans to set up a cocaine-refining plant, (3) guilty pleas entered by codefendants, and (4) evidence of Duke’s involvement with the KKK. The government (plaintiff) asserted that the evidence was not prejudicial and was relevant to show a military intent and to refute the group’s defense that it was combating communism.