United States v. Christopher Edwards

111 F.4th 919
Court of Appeals for the Eighth Circuit·Decided August 6, 2024·No. 23-2841·Published·Cited by 2 cases

Opinion

United States Court of Appeals For the Eighth Circuit

No. 23-2841

United States of America

Plaintiff - Appellee

v.

Christopher Allen Edwards

Defendant - Appellant

Appeal from United States District Court for the District of Minnesota

Submitted: May 10, 2024 Filed: August 6, 2024

Before COLLOTON, Chief Judge, BENTON and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Christopher Edwards was convicted by a jury of conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846, and possession with intent to distribute a controlled substance, in violation of 21 U.S.C.

§ 841(a)(1) and (b)(1)(B). The district court1 sentenced him to 220 months’ imprisonment and 8 years of supervised release. He appeals, asserting both trial and sentencing errors. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

After receiving multiple tips that Edwards was selling drugs, law enforcement began investigating him for drug trafficking. The tips allowed investigators to identify Edwards’s vehicle and home and an apartment belonging to his coconspirator, Chloe Johnson. Investigators began tracking his vehicle and observed a pattern of quick roundtrips between Johnson’s apartment and several neighboring towns. This led investigators to believe Edwards was selling drugs and using Johnson’s apartment to store drugs and possibly cash proceeds.

Law enforcement conducted a controlled buy of fentanyl and methamphetamine from Johnson at her apartment and executed multiple search warrants as part of the investigation: two individuals’ homes where officers believed Edwards had sold drugs the previous night; Johnson’s apartment; Edwards’s house; and a rental car obtained by Edwards. These searches yielded varying amounts of packaged cocaine, a heroin and fentanyl mixture, fentanyl, methamphetamine, and several thousand dollars in cash. The search of Edwards’s rental car revealed four kilograms of cocaine, documented by body camera footage and photographs. The cocaine was left in the rental car, and the car was towed to the local sheriff’s office. An officer followed the rental car as it was towed to ensure the car and any evidence were not tampered with, and the officer remained with the car until other investigators arrived to finish the search. At the sheriff’s office, the lead investigator removed the cocaine from the rental car, weighed, photographed, and field-tested it, and created an inventory of evidence seized. However, he failed to list the four kilograms of cocaine on the search warrant inventory.

1 The Honorable Nancy E. Brasel, United States District Judge for the District of Minnesota.

Edwards and Johnson were subsequently indicted for conspiracy to distribute several controlled substances and possession of cocaine with intent to distribute. The conspiracy count specifically alleged that Edwards was responsible for “500 grams or more of a mixture or substance containing . . . cocaine; 100 grams or more of a mixture or substance containing . . . heroin; [and] 40 grams or more of a mixture or substance containing . . . fentanyl . . . .” Conviction under each of these weights would trigger a five-year mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(B). The possession count alleged that Edwards possessed 500 grams or more of cocaine.

Edwards filed a motion to suppress the evidence seized from his home and the rental car, arguing that the search warrants were not supported by probable cause. The district court denied the motion upon the recommendation of the magistrate judge. 2 After the deadline for pretrial motions had passed, Edwards moved for leave to file an amended motion to suppress the cocaine seized during the rental car search, arguing that the failure to record the cocaine on the search warrant inventory broke the chain of custody and thus warranted its suppression. The district court denied the motion as untimely, finding Edwards had not shown good cause for his failure to timely raise the argument.

At trial, the Government sought to admit into evidence the cocaine it asserted was seized from Edwards’s rental car. Edwards lodged a chain-of-custody objection, to which the Government responded that Edwards’s concern about any defect in the chain of custody went to the cocaine’s evidentiary weight, as opposed to its admissibility. The district court overruled Edwards’s objection. Later, the Government sought to introduce a photograph of the same cocaine taken in the sheriff’s office’s evidence room. Edwards objected, arguing that the substance in the photo appeared to be altered because it was pink in color. The district court also overruled this objection. The Government also elicited extensive testimony about

2 The Honorable Elizabeth Cowan Wright, United States Magistrate Judge for the District of Minnesota.

the efforts made to guarantee the substance was not altered, including from the officer that discovered the cocaine, the officer that followed the rental car with the cocaine to the sheriff’s office, the employee who processed the cocaine into evidence and into a secure evidence locker, the officer who checked that cocaine out from the locker and transported it to the laboratory for testing, and the forensic scientist who detailed the process for handling and testing the cocaine.

At the close of trial, the district court instructed the jury that a guilty verdict on the conspiracy count must be accompanied by findings on the quantities of cocaine, heroin, fentanyl, and methamphetamine that were attributable to Edwards in the conspiracy, including the quantities that Johnson distributed or agreed to distribute, provided that her actions were part of the conspiracy and were reasonably foreseeable by Edwards. The district court also instructed the jury that the Government need only prove that Edwards knew generally that he had agreed or intended to distribute a controlled substance and was not required to establish Edwards’s knowledge of the specific drug types at issue. The jury returned a guilty verdict on both counts and found that the Government sufficiently established the drug quantities alleged in the indictment.

The United States Probation Office prepared a Presentence Investigation Report (PSR), which calculated an advisory United States Sentencing Guidelines range of 360 months’ to life imprisonment and recommended application of a career-offender enhancement because Edwards had at least two prior felony convictions for crimes of violence: first-degree robbery and first-degree assault. While Edwards did not object to the specific portions of the PSR detailing these prior felonies and the dates on which he committed them, at the sentencing hearing, he argued that there was no intervening arrest such that these two felonies should be counted as separate crimes of violence. The Government had also submitted to the district court the criminal complaints for these prior felonies as proof of the dates Edwards committed these crimes and the dates of arrest. The district court overruled Edwards’s objection and found there was an intervening arrest such that Edwards’s prior felonies should be counted separately; thus, it found that the career-offender

enhancement applied. In imposing Edwards’s sentence, the district court detailed its application of the sentencing factors in 18 U.S.C. § 3553(a) to Edwards’s case, explaining various mitigating and aggravating circumstances. Based on these considerations, the district court varied downward by 140 months and imposed 220 months’ imprisonment and 8 years of supervised release. Edwards appeals.

II.

Edwards asserts two trial errors: (A) the admission of cocaine into evidence despite an insufficient showing by the Government of an adequate chain of custody; and (B) improper instruction of the jury concerning how it was to determine drug quantities for which Edwards was responsible.

A.

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United States v. Christopher Edwards, 111 F.4th 919 (8th Cir. 2024).

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