United States v. Leslie Armstrong

782 F.3d 1028, 2015 U.S. App. LEXIS 5814, 2015 WL 1600474
Court of Appeals for the Eighth Circuit·Decided April 10, 2015·No. 14-2146·Published·Cited by 18 cases

Opinions

BEAM, Circuit Judge.

The district court1 sentenced Leslie Armstrong to 180-months’ imprisonment following his conviction by a jury of one count of distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). On appeal, Armstrong challenges the sufficiency of the evidence supporting his conviction and claims the district court erred by admitting evidence of a prior controlled drug sale in which he was allegedly involved and by sentencing him as a career offender. We affirm.

I. BACKGROUND

On December 4, 2012, the government charged Armstrong in a one-count indictment with distribution of 12.5 grams of crack cocaine. This charge stemmed from Armstrong’s alleged sale of crack cocaine to a confidential informant (Cl) during a controlled buy that occurred in September 2009 (the “2009 Controlled Buy”). At the time of the 2009 Controlled Buy, the Cl was working with the Drug Enforcement Agency (DEA) and local law enforcement and had already participated in several controlled buys involving different suspected drug dealers.

At trial, the government introduced substantial evidence regarding how the 2009 Controlled Buy unfolded and Armstrong’s role in the buy. On the day of the buy, the Cl met with DEA and local law enforcement officials at a confidential location. The officers thoroughly searched the Cl to verify that he did not have any weapons, drugs, or money on his person. The Cl then placed a call to a phone number he claimed belonged to Armstrong. At trial, the government played a recording of this call, and the Cl can be overheard talking with a man and confirming that the man was ready to make the drug sale. Armstrong denies that he participated in the call, but the Cl testified that the other voice in the recording belonged to Armstrong. The Cl also testified that he was familiar with Armstrong’s voice because he lived in the same apartment complex as Armstrong, had known him for years, and had purchased drugs from Armstrong on occasions prior to the 2009 Controlled Buy.

After the call, officers provided the Cl with money to buy the drugs, placed an audio/video recording device on his cloth-ing, and used a DEA vehicle to transport the Cl to the apartment complex in which Armstrong lived. The Cl exited the DEA vehicle and walked up to the apartment complex.2 The Cl proceeded directly to Armstrong’s apartment, although he apparently encountered several people, including a family member, along the way. The Cl testified that, upon entering Armstrong’s apartment, he paid Armstrong $700 in exchange for two baggies of crack cocaine. The government showed the jury footage that was captured by the audio/video recorder the Cl wore during the buy. This footage, in relevant part, depicts the Cl knocking on the door of Armstrong’s apartment, -receiving permission to enter, and handing something to Armstrong. Armstrong appears to examine the item(s) for several seconds, and then states “you paid me for two.” The footage then depicts Armstrong handing something to the Cl, after which the Cl exits the apartment. However, due to the angle of the recorder, the footage does not clear[1032] ly show Armstrong possessing any money or drugs during the buy.

After the Cl exited the apartment, he immediately returned to the DEA vehicle and gave two baggies to the officers who had escorted him to the buy. The officers thoroughly searched the Cl and verified that he had no additional drugs, weapons, or currency on his person. The government’s forensic analyst testified that the baggies contained 12.5 grams of cocaine base. As noted above, Armstrong was not indicted on charges related to the 2009 Controlled Buy until December 2012.

Pursuant to Rule 404(b) of the Federal Rules of Evidence, the government filed a notice of intent to introduce evidence at trial related to Armstrong’s prior felony drug convictions and his participation in a 2007 crack cocaine sale (the “2007 Controlled Buy”) for which he was never charged. With respect to the 2007 Controlled Buy, the government disclosed that this transaction involved the same Cl as did the 2009 Controlled Buy. Armstrong objected to all of the government’s proposed 404(b) evidence but took particular issue with the evidence related to the 2007 Controlled Buy. Specifically, Armstrong contended there was insufficient evidence that he actually participated in the buy and that the government’s sole purpose in admitting this evidence was to show his propensity to commit the 2009 drug offense. At the parties’ pretrial conference, the government claimed that Armstrong had asserted a general denial defense and that evidence of his role in the 2007 Controlled Buy was therefore relevant to show intent and knowledge with respect to the 2009 drug offense. The district court agreed the evidence was admissible but informed the parties that it would provide a limiting instruction. Armstrong has not challenged the government’s characterization of his defense.

At trial, the Cl was the first witness to provide substantive testimony about the 2007 Controlled Buy. Before allowing this testimony, the district court instructed the jury that evidence of the 2007 Controlled Buy was being offered only to help them decide whether Armstrong was the person who distributed crack cocaine to the Cl during the 2009 Controlled Buy and whether Armstrong had the requisite intent to do so. The district court further admonished the jury that they could consider this evidence only if they unanimously found it was more likely true than not true, that this was a lower standard of proof than that required to convict Armstrong of the 2009 drug offense, and that they could not convict Armstrong merely because he had committed similar acts in the past.3

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

United States v. Leslie Armstrong, 782 F.3d 1028, 2015 U.S. App. LEXIS 5814, 2015 WL 1600474 (8th Cir. 2015).

782 F.3d 1028 (United States v. Leslie Armstrong) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Gerald Hunter
Eighth Circuit, 2023
United States v. Matthew Boyd
Eighth Circuit, 2020
United States v. Carlos Grady
931 F.3d 727 (Eighth Circuit, 2019)
United States v. Robert Beyer, II
878 F.3d 610 (Eighth Circuit, 2017)
United States v. Xavier Buckner
868 F.3d 684 (Eighth Circuit, 2017)
United States v. Jade Oldrock
867 F.3d 934 (Eighth Circuit, 2017)
United States v. Alfred Jackson
856 F.3d 1187 (Eighth Circuit, 2017)
United States v. Marchello Rembert
851 F.3d 836 (Eighth Circuit, 2017)
United States v. Marcus Eason
829 F.3d 633 (Eighth Circuit, 2016)
United States v. Colin Boone
828 F.3d 705 (Eighth Circuit, 2016)
United States v. Torrance Cotton
823 F.3d 430 (Eighth Circuit, 2016)
United States v. Brenda Laws
819 F.3d 388 (Eighth Circuit, 2016)
United States v. Steven Foster
626 F. App'x 185 (Seventh Circuit, 2015)
United States v. Lewis Powell, II
798 F.3d 431 (Sixth Circuit, 2015)
United States v. Weller
102 F. Supp. 3d 1065 (N.D. Iowa, 2015)