United States v. Daniels

405 F. App'x 54
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 16, 2010
DocketNo. 09-2275
StatusPublished

This text of 405 F. App'x 54 (United States v. Daniels) 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. Daniels, 405 F. App'x 54 (7th Cir. 2010).

Opinion

[56]*56ORDER

Following a sting operation, Lawrence Daniels was charged with possessing guns and selling drugs in violation of federal law. Daniels was convicted by a jury on all counts, and he now challenges his convictions and sentence. We affirm.

The drug-distribution charges (counts 1-3) arose from a sting operation conducted by the Bureau of Alcohol Tobacco and Firearms with the help of Yauncey Burrell, a confidential informant. At trial, the government relied primarily on Burrell’s testimony regarding three controlled buys he conducted under investigators’ supervision. The first controlled buy took place at a residence rented by Daniels’s wife on Jefferson Street in East St. Louis, Illinois. Burrell testified that he waited in the living room while Daniels cooked the crack and bagged it. Burrell then purchased the crack from Daniels using $200 in premarked ATF funds. Burrell also recounted details of the second and third transactions, which were quick hand-offs carried out through the window of Daniels’s car.

An ATF agent testified that the controlled buys were conducted in accordance with agency protocol. Agents had Burrell place recorded calls to Daniels to arrange the meetings; agents searched Burrell before each transaction to confirm that he did not possess any drugs; and agents furnished Burrell with cash and equipped him with a recording device before sending him on his way. From a safe distance, the agents monitored the transactions and eventually recovered from Burrell a substance that lab tests confirmed was crack. The government also introduced audio recordings and photographs of the exchanges. Because the camera was concealed, however, the images revealed less than the agents had hoped for and never captured drugs or money changing hands. Most extensive were the images from the first transaction at the residence on Jefferson, which showed Daniels seated near a pile of cash, making use of what the government identified as utensils for cooking crack cocaine: a glass bowl, a Pyrex dish, and a spoon containing a white substance that appears to be cocaine paste. Among the images from the second controlled buy were the license plate of Daniels’s car and the profile of a man resembling Daniels who was gripping a roll of cash. The third video captured a profile of Daniels’s face and an image of him holding the cash.

The remaining drug charges (counts four and five) arose from the execution of a search warrant at the residence on Jefferson. A search-team member testified that the agents entered using keys taken from Daniels during his arrest. Those keys opened a bedroom safe in which officers recovered 33.5 grams of crack cocaine (count four) and 142.7 grams of cocaine hydrochloride (count five). The safe also contained two $50 bills whose serial numbers matched those of bills provided to Burrell by the ATF. From the living room the search team found a digital scale and a box of sandwich bags, and elsewhere in the residence they found items that appeared to belong to Daniels, including a shirt bearing his last name, and stacks of mail addressed to him at the Jefferson residence.

Agents also recovered two firearms, one from the bedroom night stand and a second from a living-room sofa, lodged between the cushions. A firearms expert testified that the weapons were made in another state and had traveled in interstate commerce. As additional evidence of possession, the government offered Burrell’s testimony that he saw Daniels carrying a black automatic handgun on the street shortly after the first controlled buy.

[57]*57A jury found Daniels guilty of three counts of distributing crack cocaine, one count of possession with intent to distribute crack cocaine, and one count of possession with intent to distribute cocaine hydrochloride. 21 U.S.C. § 841(a)(1). The jury also convicted Daniels of one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), and one count of possessing a firearm during a drug trafficking crime, id. § 924(c)(1)(a). The district court sentenced him to a total of 430 months’ imprisonment.

On appeal, Daniels begins by challenging the sufficiency of the evidence offered to support his distribution convictions. With each conviction, he asserts, the video recordings do not show an exchange of drugs for money, and the remaining evidence does not permit a reasonable inference that an exchange took place.

The strength of the evidence supporting the distribution convictions makes a sufficiency challenge without merit. To sustain the convictions, the government had to prove that Daniels knowingly and intentionally distributed a quantity of crack cocaine, and did so knowing it was a controlled substance. 21 U.S.C. § 841(a)(1); United States v. Graham, 315 F.3d 777, 781 (7th Cir.2003). The government met its burden in this case when it introduced the testimony of Burrell, the confidential informant, who told the jury that he purchased crack from Daniels on three occasions. Daniels tries to impeach Burrell’s credibility on the ground that he was paid in exchange for participating in the controlled buys and has a history of drug use. But this does not advance Daniels’s cause; it was the jury’s province to determine whether those factors undermined Burrell’s credibility, and we will not set aside a credibility determination unless the testimony of the witness is incredible as a matter of law, see United States v. Carraway, 612 F.3d 642, 645 (7th Cir.2010); United States v. Hayes, 236 F.3d 891, 896 (7th Cir.2001), which is not the case here. At any rate, the government did not rests its case on Burrell’s testimony alone; prosecutors corroborated his statements with testimony from investigators as well as with photographs and audio recordings from the controlled buys.

Daniels next challenges on sufficiency grounds his convictions for possession with intent to distribute crack and cocaine hydrochloride (counts four and five respectively). Here too the government had to prove that Daniels knowingly and intentionally possessed crack or cocaine hydrochloride, that he did so with the intent to deliver it, and that he did so knowing it was a controlled substance. 21 U.S.C. § 841(a)(1); United States v. Johnson, 592 F.3d 749, 758 (7th Cir.2010). In challenging his convictions Daniels argues only that the government failed to prove that the drugs found in the safe were in fact his. The government’s theory at trial, which was supported by the evidence, was that Daniels constructively possessed the drugs as reflected by his exercising control or dominion over the premises in which the drugs were found, even if he did not have actual possession of the drugs. See United States v. Lane, 591 F.3d 921, 926-27 (7th Cir.2010). Although investigators searched Daniels and did not find drugs, they did find keys to the bedroom safe in which the drugs were recovered. That Daniels had access to the safe supports an inference that he could exercise control over its contents, see United States v. Anderson,

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Bluebook (online)
405 F. App'x 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-daniels-ca7-2010.