United States v. Bailey

510 F.3d 726, 2007 U.S. App. LEXIS 29226, 2007 WL 4387243
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 18, 2007
Docket07-1182, 07-1190, 07-1191
StatusPublished
Cited by48 cases

This text of 510 F.3d 726 (United States v. Bailey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bailey, 510 F.3d 726, 2007 U.S. App. LEXIS 29226, 2007 WL 4387243 (7th Cir. 2007).

Opinion

FLAUM, Circuit Judge.

Nettlesome issues arise when federal authorities disassemble a drug-distribution racket. The government must often prove its case through the testimony of informants with a checkered past or former members of the conspiracy that are cooperating to gain quarter in their own cases. The defendants themselves frequently have prior records or indiscretions, requiring the trial court to monitor any evidence that would prove to be unduly prejudicial. Then there is the need to prove the conspiracy itself, an agreement that often exists merely in a shared understanding or coordinated activity.

This case raises all of these issues. Defendants-appellants, Shane Williams, Tim Bailey, and Orlando Alexander appeal their convictions, which stem from their participation in a crack-distribution ring in Peoria, Illinois. The enterprise stretched from Chicago down to Peoria, spanned twelve years, and involved at least two street gangs — the Black Disciples and the Vice Lords. Eventually law enforcement caught wind of the operation, and these prosecutions ensued. On July 21, 2004, a grand jury returned an indictment against the defendants and, on February 9, 2006, a jury convicted all three on most of the counts in the indictment.

Williams stood convicted of one count of conspiracy and two counts of distributing crack. For his involvement, the jury convicted Bailey of one count of conspiracy and one count of distributing more than fifty grams of crack. Finally, the jury *730 convicted Alexander of one count of conspiracy and one count of distributing more than five grams of crack. Williams and Bailey received 240 months’, and Alexander 180 months’ imprisonment. They now appeal, raising several issues relating to the investigation and prosecution of the offenses. Finding no error, we affirm.

I. Background

All three defendants are members of gangs, though not the same one. Shane Williams is a member of the Black Disciples, a gang that began in Chicago and was eventually overseen by a man named Sylvester “Star” Mickle. Beginning in 1989, with Mickle at the helm, the Black Disciples developed a far-reaching drug-distribution scheme that ran from their headquarters in Chicago down to Peoria, Illinois. Eventually, Williams joined the operation in Peoria and, after a few years of yeoman’s work selling crack, he came to head his own distribution network in 1996. In 1999, Mickle promoted Williams to “minister” and Williams headed the Black Disciples’ entire drug-distribution operations in Peoria.

Williams functioned mostly as a middleman who would move crack from upstream distributors to downstream Peoria dealers or users. As business boomed, Williams was able to expand his downstream crack-distribution business to include his brother, Bailey, and his brother’s friend, Alexander, who were both members of a rival gang, the Vice Lords. Throughout the 1990s and the early 2000s, the Black Disciples and Vice Lords accounted for much of the crack sales in Peoria. Although they initially divided Peoria into territories, the gangs soon came to realize that they had more to gain through cooperation than conflict; and strict adherence to their former turf soon eroded. In the spirit of cooperation, Williams began purchasing crack from a Vice Lord supplier, Mario Thompson, buying multiple ounces a week for several months until Thompson’s arrest in January 2002. Thompson also sold lesser quantities of drugs to Alexander — quarter ounces or “eight balls” — during the months before his arrest.

Even though he had Thompson as a supplier, Williams continued to buy drugs from Mickle. At least once in 2002, he and Bailey traveled to Chicago to resupply. At trial, a government witness, John T. Williams (to our knowledge, no relation), would testify that he had seen Bailey accompany Williams to Mickle’s father’s house on several occasions to purchase crack. John T. Williams said that Bailey would wait in the car during the transaction, sometimes coming to the front door to spur Williams along if the deal took too long. Bailey could not join Williams inside Mickle’s father’s house because of his different gang affiliation; the détente between the Black Disciples and the Vice Lords only went so far.

Williams, Bailey, and Alexander worked the Taft Homes, a government-assisted housing project run by the Peoria Housing Authority (“PHA”). Bailey and Alexander would regularly sell user-quantities of crack to residents in the Taft Homes or would serve as liaisons between interested buyers and Williams. One such buyer was Victon Bethel, a resident of the Taft Homes who had bought several “eight balls” of crack from Alexander during the spring and summer of 2002. Unbeknownst to Alexander, Bethel had become a paid informant for the Peoria Police Department at around the same time. Be-thel’s brother was on trial for murder and Bethel wanted to make money to pay down the legal fees. So he contacted the Peoria Police Department to become a paid informant.

Under the guidance of the Peoria Police Department, Bethel agreed to wear a wire and arrange sales of crack cocaine from *731 Alexander. On August 13, 2002, Bethel spoke to Alexander and arranged a purchase. Later that day, Alexander and Williams arrived at Bethel’s home where Williams sold Bethel twenty-four grams of crack for $900. Soon afterwards, Alexander cut out the middleman and gave Williams’ pager number to Bethel. On August 21, 2002, Bethel called Williams to set up a sale, but Williams directed Bethel to another seller, Adrian Shird. Bethel met Shird later in the day and paid him $1800 for two ounces of crack.

On August 29, 2002, the final sale occurred. Bethel called Alexander to purchase two more ounces. After getting in touch with Alexander, Bethel walked to the Taft Homes and waited near his mother’s house. After a few minutes of waiting, Bethel received a call from Williams. Although Williams said he had not talked to Alexander, he told Bethel that Bailey would be coming with at least an ounce of crack. Soon enough, Bailey arrived, but without all of the promised supply. For some reason, Bailey was not able to complete the sale right away, and it took some work to get the promised amount, involving a few calls to Williams. Bailey left Bethel, only to return a few minutes later to say that the drugs would arrive shortly. Bailey left again and Alexander reappeared, remaining on the scene and even putting his cell phone to Bethel’s ear so that Bailey could again reassure him that the drugs would be arriving shortly. Be-thel understood Alexander to be engaging in customer relations, “making sure that [Bethel] still wanted what [he] had asked him for.” A few hours later Bailey returned in his car with the full two ounces — the amount that Bethel had originally ordered from Alexander. After delivery, Bethel paid Bailey $1800 and Alexander got into Bailey’s car and drove off.

On January 21, 2003, the police arrested Bailey, Williams, and Alexander. During a search of Williams’ residence after his arrest, the police confiscated a pager, a cell phone, two handguns and a digital scale. On January 21, 2004, a grand jury issued a five-count superseding indictment against Williams, Bailey, and Alexander. Count One charged the three with a drug conspiracy.

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Cite This Page — Counsel Stack

Bluebook (online)
510 F.3d 726, 2007 U.S. App. LEXIS 29226, 2007 WL 4387243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bailey-ca7-2007.