United States v. Becknell

601 F. App'x 709
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 3, 2015
Docket13-3311
StatusUnpublished
Cited by3 cases

This text of 601 F. App'x 709 (United States v. Becknell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Becknell, 601 F. App'x 709 (10th Cir. 2015).

Opinion

ORDER AND JUDGMENT *

TIMOTHY M. TYMKOVICH, Circuit Judge.

A jury convicted Amos Becknell of a variety of drug charges arising from a search of his home in Wichita, Kansas. He claims the district court made a number of errors at trial, including improperly allowing a government witness to testify regarding information gleaned from a confidential informant in violation of the Confrontation Clause and the Federal Rules of Evidence, and also allowing the same witness to draw express conclusions about Becknell’s mens rea. In addition, he claims the district court erred before and • after trial by rejecting (1) a probable cause challenge to the search warrant of his home, (2) his challenge to the sufficiency of the evidence at trial, and (8) a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute.

We find no reversible error in the district court’s rulings. Consequently, exercising jurisdiction under 28 U.S.C. § 1291, we AFFIRM.

I. Background

The Wichita Police Department launched a drug investigation after a confidential informant reported that an occupant of a residence in Wichita, Kansas, was selling crack cocaine from the home.

Officers conducted three searches of a trash can sitting on the street in front of the residence. The first search revealed a small quantity of marijuana and three letters addressed to the home. The second revealed more marijuana. The third *711 search revealed two corners of plastic sandwich bags, containing white residue, which later tested positive for cocaine. The search also discovered eleven other plastic bags with torn corners. Officers concurrently conducted surveillance on the home, and noted multiple instances in which individuals arrived at the home, entered, and left quickly.

Based on this information, officers filed an affidavit for a search warrant. When officers arrived to execute the warrant, they spotted Becknell leaving the residence. Because he had existing warrants on other charges, officers pulled him over and arrested him. When officers told him of the search warrant, Becknell informed them that they would find several firearms in the home. He admitted owning those firearms (illegally, in light of his status as a felon), but denied any knowledge of narcotics. Officers requested the home keys from Becknell, which he provided.

When officers entered the home, they located a Beretta .380-caliber semi-automatic pistol on one of the couches in the living room. On a coffee table directly in front of that couch, officers found more torn plastic baggies and a plastic bag containing crack cocaine. On another couch, officers found a cigarette box, which contained two plastic bags. The smaller bag contained white powder that tested positive for cocaine; the larger contained “rocks” later confirmed to be crack cocaine. Both the bag on the table and the cigarette box were within ten feet of the pistol. Officers also located cocaine in a plastic container on a shelf in the hallway, also within ten feet of the gun. Becknell’s right middle fingerprint was lifted from the container.

Officers located two other firearms in the home — an SKS rifle and a Smith and Wesson .357 revolver. Testimony at trial established that all three firearms traveled in interstate commerce to arrive in Kansas.

At trial, government witnesses testified that much of the cocaine was distribution-quantity. They further testified that, despite the cocaine and cocaine packaging seized, officers found no cocaine use para-, phernalia in the home. Witnesses also testified that bags with torn corners — like the ones located in the third search — often evince cocaine distribution because of how crack cocaine is sold. Additionally, officers testified at trial that the numerous brief visits they observed during their surveillance also indicated drug dealing.

Becknell was indicted and convicted on three charges: (1) possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C); (2) possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c); and (3) three counts of felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2).

II. Analysis

As we explain below, the district court did not commit any reversible error.

A. Testimony Concerning the Confidential Informant

Becknell first claims the district court erred by allowing Officer Ryan Schomaker to mention the confidential informant’s tip in the course of explaining how he began his investigation in this case. According to Becknell, this contravened the court’s instructions to the prosecutor to avoid mentioning the informant and to avoid “get[ting] into why ... [officers] were investigating.” R., Vol. Ill at 86-87.

We review the admission of evidence under the Federal Rules of Evidence for abuse of discretion, with special deference to hearsay determinations. United States *712 v. Chavez, 229 F.3d 946, 950 (10th Cir.2000). Accordingly, we will not reverse a district court’s decision if it “falls within the bounds of permissible choice in the circumstances.” United States v. Cardinas Garcia, 596 F.3d 788, 797 (10th Cir.2010). We review a district court’s Confrontation Clause decision de novo. United States v. Kamahele, 748 F.3d 984, 997 & n. 4 (10th Cir.2014).

1. Applicable Law

Hearsay — a statement that “the declar-ant does not make while testifying at the current trial or hearing” that “a party offers in evidence to prove the truth of the matter asserted in the statement” — is inadmissible. Fed.R.Evid. 801(c)(l)-(2). But testimony not offered to prove the matter asserted that is “offered instead for relevant context or background” is not hearsay. United States v. Hinson, 585 F.3d 1328, 1336 (10th Cir.2009). Importantly, the “matter asserted is the fact being asserted by the declarant in uttering the statement,” which is “not necessarily the matter that the party offering the statement into evidence is trying to prove with the statement.” United States v. Lewis, 594 F.3d 1270, 1282 (10th Cir.2010) (internal quotation marks omitted).

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Bluebook (online)
601 F. App'x 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-becknell-ca10-2015.