United States v. Edward M. Douglas

408 F.3d 922, 67 Fed. R. Serv. 375, 2005 U.S. App. LEXIS 9528, 2005 WL 1243356
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 25, 2005
Docket03-2566
StatusPublished
Cited by12 cases

This text of 408 F.3d 922 (United States v. Edward M. Douglas) 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. Edward M. Douglas, 408 F.3d 922, 67 Fed. R. Serv. 375, 2005 U.S. App. LEXIS 9528, 2005 WL 1243356 (7th Cir. 2005).

Opinion

MANION, Circuit Judge.

Edward Douglas was monitored selling a quantity of drugs to a cooperating government informant. A jury convicted him of distributing cocaine base (crack) in violation of 21 U.S.C. § 841(a)(1). The district court determined that Douglas was a career offender and imposed the sentence of mandatory life in prison. On appeal Douglas challenges two evidentiary rulings and his sentence. We affirm.

*924 I.

Douglas’s conviction stems from his sale, on two occasions, of crack to Carl Williams, a government informant. Following his arrest on a state drug charge in July 2000, Williams served as an informant for the Kankakee Area Metropolitan Enforcement Group (“KAMEG”), a multi-ju-risdictional drug task force in Kankakee County, Illinois. In return for sentencing consideration, Williams agreed to cooperate with KAMEG.

Williams informed KAMEG agents that he could purchase crack from Douglas, and the agents monitored a series of telephone conversations between Williams and Douglas. During these conversations, Williams and Douglas discussed the price for different amounts of crack and finally agreed to the sale of an ounce. These telephone conversations were recorded.

The date arranged for the first sale was April 30, 2001. Immediately prior to the sale, two KAMEG agents, Scott Monferdi-ni and Bill Backus, met with Williams and fitted him with a “wire” so that they could monitor his conversation with Douglas. Before sending Williams to the sale, the agents also thoroughly searched him and his car and found no drugs or money. The agents then provided Williams with $750 to purchase the crack.

Williams drove to the sale location, a restaurant parking lot, followed by the two agents, who maintained constant visual surveillance of him. The agents also observed the entire transaction. The agents observed Williams and Douglas briefly sitting in Douglas’s car and before Williams got out and retrieved a Tylenol bottle from the trunk. The entire sale was recorded on video.

After the sale, the agents followed Williams to a pre-arranged meeting place where Williams handed the agents the bottle which contained 27.8 grams of crack. The agents again searched Williams and his car and found no drugs or money.

The second sale took place in much the same fashion. Williams called Douglas to arrange a sale of four and one-half ounces of crack. Monferdini and Backus again searched Williams and his car prior to the sale for drugs and money. Williams was again outfitted with a wire. The sale took place in the same parking lot on May 18, 2001. Williams was followed to the sale location and the entire sale was recorded on video. The serial numbers on the cash ($2,750) used for the sale were recorded.

After the sale was completed, Williams was followed by Backus to a prearranged location. Williams turned over two cans containing 113.8 grams of crack. Backus again searched Williams and his car and found no money or drugs.

At the same time, other KAMEG agents continued to watch Douglas as he left the restaurant and drove to a nearby store. When Backus’s meeting vfith Williams was completed, the agents arrested Douglas. The $2,750 used for the sale was found in Douglas’s possession.

Douglas was questioned about the sale and, when confronted with the audio and video recordings of the sale, admitted to selling crack to Williams. Douglas told the agents he obtained the crack from two people and that the drugs had been packaged in the Tylenol bottle and cans when he received the drugs from these sources. Douglas also told the agents that he, too, would like to cooperate with the agents in return for consideration of his charges.

Douglas apparently later decided against cooperating with the government and in May 2003, a federal grand jury returned a two-count indictment charging him with distributing crack in violation of 21 U.S.C. § 841(a)(1). The first count *925 charged Douglas with distributing more than five grams of crack, and the second count charged him with distributing more than 50 grams of crack.

In January 2003, more than a month before trial, the United States informed the district court and defense counsel that it did not intend to call Williams as a witness at trial. In response, Douglas’s counsel informed the court and the government that he intended to call Williams as a witness. Concerned that Douglas sought to call Williams for improper reasons, the government filed a motion in limine and requested a hearing to determine the contours and relevancy of Williams’s testimony.

At the hearing, Williams testified as to his recollection of the drug sales, as well as his own criminal history. Specifically, in 1994, Williams had been arrested on drug charges along with Douglas’s grandfather. After his arrest, Williams was released on bond and fled to avoid prosecution. He spent the next six years as a fugitive. During this time (and apparently at the time of his 1994 arrest, as well) Williams used a series of aliases supported by false driver’s licenses and identification cards he had obtained from someone in the Illinois Secretary of State’s Office.

Williams was arrested on a warrant in 2000. Following his arrest he began to cooperate with KAMEG in hopes of sentencing consideration for the 1994 charges. As a result of the arrest of Douglas, Williams’s charges were reduced and he was sentenced to a conditional discharge. He served only a few days in jail. At the time of the hearing, Williams was in jail, however, for another reason — he had been indicted for bank fraud in the Northern District of Illinois.

Douglas argued that he should be able to call Williams to the stand and impeach his credibility with .his ■ criminal history. The district court disagreed and.granted the government’s motion in limine. The district court ruled that Williams’s credibility was .not at issue and that, therefore, his criminal, history was irrelevant. The court also held, however, that Douglas could call Williams as a transactional witness and could impeach his credibility with prior inconsistent statements concerning the circumstances of the sales.

The case then proceeded to trial. The government’s case consisted of the testimony of Monferdini and Backus -supported by, among other evidence, audio recordings of calls between Williams and Douglas and the sale, video recordings of the sale, the $2,750 recovered from Douglas on his arrest, and the drugs Williams turned over to Monferdini and Backus.

Douglas called two witnesses, Williams and Douglas’s girlfriend, and also took the stand in his own defense. On direct examination, Douglas testified that he did, in fact, meet with Williams on April 30 and May 18, and that he took money from Williams. Douglas insisted, however, that he did not deliver drugs to Williams on those dates. Instead, Douglas claimed he took money from Williams for a promise to later supply Williams with drugs — a promise Douglas did not intend to keep.

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Bluebook (online)
408 F.3d 922, 67 Fed. R. Serv. 375, 2005 U.S. App. LEXIS 9528, 2005 WL 1243356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edward-m-douglas-ca7-2005.