United States v. Cruse

59 F. App'x 72
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 7, 2003
DocketNo. 01-5874
StatusPublished
Cited by8 cases

This text of 59 F. App'x 72 (United States v. Cruse) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Cruse, 59 F. App'x 72 (6th Cir. 2003).

Opinion

CLAY, Circuit Judge.

Defendant Jimmy M. Cruse appeals from his conviction on crack cocaine charges, as well as his sentence. Defendant claims the following: 1) his written statement to police should have been suppressed; 2) a witness’ statement about another charge against Defendant unfairly prejudiced his right to a fair trial; 3) the district court’s exclusion of a defense witness violated Defendant’s Sixth Amendment Compulsory Process Clause rights; and 4) the district court’s failure to insure [74]*74that Defendant and his attorney had discussed the presentence investigation report before the sentencing constituted reversible error.

For the following reasons, we AFFIRM Defendant’s conviction but VACATE Defendant’s sentence and REMAND the case to the district court for a new sentencing hearing.

I. FACTS

Arrest and Interrogation

In November 1999, Demetrius Blake-more became a paid informant for the Jackson Police Department in Tennessee. As part of his services, Blakemore allowed the police to wire his telephone. He then had a taped telephone conversation with Defendant, during which they discussed a crack cocaine purchase. The police provided Blakemore with money, and on February 16, 2000 and March 2, 2000, Blakemore purchased, respectively, 70.7 and 23.2 grams of cocaine base from Defendant while the police personally monitored and made audio and videotapes of the transactions.

On April 25, 2000, Defendant’s vehicle was pulled over on suspicion of a robbery. During this stop, the police searched Defendant’s car, discovered marijuana, and arrested him. At the police station, he was interrogated by Sergeant Leslee Hallenback, a thirteen-year veteran of the Jackson Police Department, about the two controlled drug buys with Blakemore. During the course of this interrogation, Defendant signed a form waiving his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and he signed a separate statement confessing to selling crack cocaine. On August 21, 2000, a federal grand jury in the Western District of Tennessee indicted Defendant on two counts of distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1), and aiding and abetting the same, in violation of 18 U.S.C. § 2. Defendant pleaded not guilty to the charges.

The Suppression Hearing

Defendant moved to suppress the statement he gave while in custody, arguing that it was obtained through coercive measures in violation of his Fifth Amendment rights. The district court conducted an evidentiary hearing on the motion. At the hearing, Sergeant Hallenback testified on direct examination that she read Defendant his Miranda rights and that he signed a waiver form, which Hallenback and Lieutenant Patrick Willis signed as witnesses. Defendant also placed a check-mark next to each provision in the waiver form as it was read aloud to him by Hallenback. She further testified that Defendant never invoked his rights to silence or counsel and that he was very cooperative and appeared coherent. Hallenback denied threatening Defendant with life imprisonment or promising any sort of benefits to Defendant for his cooperation. On cross examination, Hallenback acknowledged telling Defendant that she anticipated bringing him into federal court but denied telling him that he could receive a sentence of ten years to life in prison. She also acknowledged informing Defendant about the possibility of a downward departure motion, lowering his sentence if he cooperated, pursuant to United States Sentencing Guidelines § 5K1.1 (“5K1.1 motion”), but that she told him such a motion was at the United States Attorney’s discretion.

Defendant testified that after he was arrested and placed into a jail cell, he was summoned into a small room with Sergeant Hallenback and Lieutenant Willis, where Hallenback told him, “Me and [Lieutenant Willis] work for the feds now, and we’ve got you on a large crack cocaine [75]*75sale. You’re facing life in prison. So that’s why I’m here to help you, Jimmy.” (J.A. at 69.) She also stated, “You’re facing life in prison with your past record, and the Jackson Narcotics cannot help you. You’re in the federal system. This is my world. I decide what happens here.” (J.A. at 70.) According to Defendant, she requested his cooperation. Defendant requested an attorney, and she replied, “A lawyer cannot help you. You’re in my world. You’re in federal court. I will decide what goes and what doesn’t.” (Id.) He explained that he signed the waiver form because Hallenback told him the government “would prosecute me to the fullest unless I signed everything that everything [sic] she said----” (Id.) Defendant also told her he just had a baby, and she replied. “Well, it’s too bad about your child. Life in the federal system means you die there.” (J.A. at 71.) Defendant testified that he became ill and that Lieutenant Willis escorted him to the bathroom several times. On cross examination Defendant denied having been read his rights; he only recalled hearing that he was facing life imprisonment and would never see his child again, and “everything went blank” after that. Defendant acknowledged that the statement of confession was his and that the signature and initials on the pages were written by him.

At the close of the hearing the district court denied Defendant’s motion. In doing so, the court credited Hallenback’s testimony that she did not threaten life imprisonment, over Defendant’s testimony that she did. The court further pointed out that Defendant signed the waiver form clearly stating his rights to silence and an attorney, and that it did not believe Defendant, an “astute” individual, failed to read the form or understand what he was signing. The court concluded, “It appears what happened was that Mr. Cruse was concerned about the predicament he was in, and at the time it seemed like a good idea to cooperate. He has since discovered that he wished he hadn’t done that, but that doesn’t mean that the cooperation was coerced or it was extorted or it was a result of any undue influence.” (J.A. at 81-82.)

Defendant’s Trial

At trial, Blakemore testified for the government about the controlled drug buys, as did several police officers who listened in on the telephone calls and personally monitored the transactions. The audiotapes and videotapes relating to the drug buys were also played for the jury.

Sergeant Hallenback also testified for the government about her role in the controlled drug buys. During cross examination the following exchange occurred:

Q: Before you started [your interrogation of Defendant], you and Lieutenant Willie were in there; correct?

A: Yes.

Q: And you told [Defendant] or Lieutenant Willie told him, I believe, that he was going to end up dead or with life in prison if he didn’t cooperate.

A: No, we did not tell him that. We sat down to the interview, and he started talking, and he was talking about he just got picked up on that other charge. [DEFENSE COUNSEL]: Your Honor, I’m going to object to any of that. THE COURT: Yes, sir. Any other charges aren’t related to this. Ladies and gentlemen, you’ll disregard any reference to any other charges.

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Cite This Page — Counsel Stack

Bluebook (online)
59 F. App'x 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cruse-ca6-2003.