United States v. John F. Williams

571 F. App'x 887
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 10, 2014
Docket12-13630, 13-10751
StatusUnpublished
Cited by1 cases

This text of 571 F. App'x 887 (United States v. John F. Williams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. John F. Williams, 571 F. App'x 887 (11th Cir. 2014).

Opinion

PER CURIAM:

John Williams appeals his convictions for one count of extortion under color of official right, in violation of 18 U.S.C. § 1951(a), one count of false statement to a federal agency, in violation of 18 U.S.C. § 1001, and one count of tampering with a witness, in violation of 18 U.S.C. § 1512(b)(3). On appeal, he first argues that the district court erred in refusing to give an entrapment defense instruction. Second, he argues that the district court erred in refusing to compel the government to disclose certain confidential information about a confidential informant, Naim Jaber. Third, he argues that there was insufficient evidence to support his conviction of making a false statement to a federal agency because his statements were not material. Finally, he argues that there was insufficient evidence to support his conviction for witness tampering.

A. Entrapment Defense

We review a district court’s refusal to give a particular jury instruction for abuse of discretion. United States v. Eckhardt, 466 F.3d 938, 947 (11th Cir.2006). “The failure of the district court to give a particular jury instruction is reversible error where the requested instruction (1) was correct, (2) was not substantially covered by the charge actually given, and (3) dealt with some point in the trial so important that failure to give the requested instruction seriously impaired the defendant’s ability to conduct his defense. Id. at 947-48.

The elements of an entrapment claim are: (1) government inducement of the crime and (2) the defendant’s lack of predisposition to commit the crime before the inducement. United States v. Ryan, 289 F.3d 1339, 1343 (11th Cir.2002). The right to present the defense is conditional. Id. at 1343. We review the determination of whether a sufficient evidentiary foundation exists in the record that could support a jury’s acceptance of an entrapment defense for abuse of discretion. Id. The defendant bears the initial burden of production with respect to government inducement, which he meets by “producing any evidence sufficient to raise a jury issue that the government’s conduct created a substantial risk that the offense would be committed by a person other than one ready to commit it.” Id. at 1343-44. Although the defendant’s burden is light, he *889 must show that the government did more than offer him an opportunity or initiate contact with him. Id. at 1344. Government inducement requires an element of “persuasion or mild coercion.” Id. If the defendant meets his initial burden, then the question of entrapment becomes a factual one for the jury, and the defendant is entitled to have his defensive theory put before the jury with appropriate instructions from the trial judge. Id.

Williams fails to present evidence that the government induced him, through persuasion or coercion, to commit the offenses of extortion under the color of official right, false statement to a federal agency, and witness tampering. Moreover, the record indicates that Williams was predisposed to commit the crimes. Therefore, he did not meet his burden of production, and the district court did not err in refusing to give an entrapment defense instruction. Accordingly, we affirm with respect to this issue.

B. Refusal to Compel Disclosure of Certain Information Regarding Naim Jaber

An alleged Brady 1 violation is reviewed de novo. United States v. Schlei, 122 F.3d 944, 989 (11th Cir.1997). The government must produce all evidence, upon request, that is favorable to the accused. Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963). The defendant must demonstrate that the item in question is material to the preparation of his defense. United States v. Jordan, 316 F.3d 1215, 1250 (11th Cir.2003). Thus, the Supreme Court has indicated that “[t]he mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish ‘materiality’ in the constitutional sense.” United States v. Agurs, 427 U.S. 97, 109-10, 96 S.Ct. 2392, 2400, 49 L.Ed.2d 342 (1976). Evidence is material if there is a reasonable probability that a different result would have occurred had the evidence been disclosed. Kyles v. Whitley, 514 U.S. 419, 433, 115 S.Ct. 1555, 1565, 131 L.Ed.2d 490 (1995). The government must disclose impeachment evidence that might be helpful in conducting cross-examination because “[t]he jury’s estimate of the truthfulness and reliability of a given witness may well be determinative of guilt or innocence, and it is upon such subtle factors as possible interest of the witness in testifying falsely that a defendant’s life or liberty may depend.” Napue v. Illinois, 360 U.S. 264, 269, 79 S.Ct. 1173, 1177, 3 L.Ed.2d 1217 (1959).

The district court did not err in refusing to compel discovery of certain information about the FBI’s confidential informant, Jaber. The district court made an in-camera review of the sealed material concerning the confidential informant’s history of service to the FBI. “Requiring materials sought for discovery to be submitted to the court for an [i]n-eamera inspection is a practice that is both reasonable and protective of the defendant’s rights.” United States v. Buckley, 586 F.2d 498, 506 (5th Cir.1978). 2 In situations where the request involves materials the disclosure of which is arguably not in the public interest, this Court has sanctioned the use of in camera inspections to resolve *890 the conflicting demands of the defendant and the government. Id. at 506.

It is important to note that the district court ordered the disclosure of a significant amount of relevant information about Jaber, including: (1) Jaber’s status as a confidential informant; (2) Jaber’s ongoing relationship with the FBI; (3) the fact that Jaber applied each year for “significant public benefit parole” to remain in the country because of his work as a confidential source; and (4) the government’s payment of a fee to obtain this status for Jaber.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. John F. Williams
Eleventh Circuit, 2020

Cite This Page — Counsel Stack

Bluebook (online)
571 F. App'x 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-f-williams-ca11-2014.