United States v. Marc Elie Jean-Charles

696 F. App'x 405
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 7, 2017
Docket16-10976 Non-Argument Calendar
StatusUnpublished
Cited by1 cases

This text of 696 F. App'x 405 (United States v. Marc Elie Jean-Charles) 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. Marc Elie Jean-Charles, 696 F. App'x 405 (11th Cir. 2017).

Opinion

PER CURIAM:

Marc Jean-Charles appeals his convictions and sentence for conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a) (Count 1); conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846 (Count 2); attempted possession with intent to distribute less than 500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846 (Count 3); conspiracy to use or carry a firearm in connection with a crime of violence or drug *407 trafficking crime, in violation of 18 U.S.C. § 924(c), (o) (Count 4); and carrying a firearm in connection with a crime of violence or drug trafficking crime, in violation of 18 U.S.C. § 924(c) (Count 5). On appeal, he argues: (1) the district court improperly restricted voir dire when the court rejected his question on racial prejudice and limited his questioning to 15 minutes; (2) the district court erred in precluding an entrapment defense; (3) there was cumulative error; and (4) the district court improperly calculated the drug amount and erred in applying enhancements for use of body armor and obstruction of justice.

We will address each claim in turn.

I

The method of conducting the voir dire is left to the sound discretion of the distinct court, and will be upheld unless there is an abuse of discretion. United States v. Miller, 758 F.2d 570, 572 (11th Cir. 1985). The district court’s discretion extends both to the decision whether or not to submit suggested questions to the jury, and to the decision whether to question prospective jurors collectively or individually. United States v. Delval, 600 F.2d 1098, 1102 (5th Cir. 1979). A district court’s refusal of a defendant’s request to inquire into racial matters constitutes reversible error only where the circumstances of the case indicate that there is a reasonable probability that racial or ethnic prejudice might have influenced the jury. United States v. Dennis, 786 F.2d 1029, 1045 (11th Cir.), on reh’g, 804 F.2d 1208 (11th Cir. 1986).

In Rosales-Lopez v. United States, the Supreme Court considered whether it was reversible error for the district court to reject the defendant’s request that the court’s voir dire inquire into the possibility of racial or ethnic prejudice against the defendant. 451 U.S. 182, 183, 101 S.Ct. 1629, 68 L.Ed.2d 22 (1981) (plurality opinion). The Supreme Court concluded that while it is usually best to allow such a question from the defendant, the court need not defer to a defendant’s request when there is no rational possibility of racial prejudice. Id. at 191 & n.7, 101 S.Ct. 1629. In that case, the Supreme Court determined that there was no reasonable possibility that the jury was influenced by racial prejudice. Id. at 193, 101 S.Ct. 1629. Among other reasons, the Supreme Court stated that the district court asked other questions to the jury to discover any racial bias. Id. at 193 & n.8, 101 S.Ct. 1629.

In United States v. Groce, we held that there was no reasonable probability that racial prejudice influenced a jury. 682 F.2d 1359, 1362-63 (11th Cir. 1982). We reasoned that the defendants were charged with victimless drug crimes, and no issues involving racial prejudice were raised at trial. Id. at 1362. We also reasoned that the district court took steps to ensure that the jury panel would serve impartially through the court’s opening remarks and individual questions to the jurors. Id. at 1363.

In this case, there is no reasonable probability that the jury was influenced by racial prejudice. Since Jean-Charles’s offense involved a reverse-sting operation, there were no victims with whom the jury could sympathize. Further, no issues of racial prejudice were raised at trial. Thus, as in Groce, there was no reasonable probability that the jury was influenced by racial prejudice. Id. at 1362-63. Moreover, the district court took reasonable steps to ensure that any prejudice would be discovered. Id. at 1363; Rosales-Lopez, 451 U.S. at 193 & n.8, 101 S.Ct. 1629. The district court gave Jean-Charles’s counsel an opportunity to question the jury to discover whether the jurors would be fair and impartial, and instructed the jurors that they were not permitted to be influenced by *408 prejudice or sympathy towards the defendant or the government. Finally, the court did not abuse its discretion in allotting 15 minutes of questioning to defense counsel. The district court’s method of conducting voir dire is left to the sound discretion of the district court, including whether or not to submit proposed questions to the jury. Miller, 758 F.2d at 572; Delval, 600 F.2d at 1102. Moreover, the district court allowed defense counsel to request time beyond the 15-minute allotment, but defense counsel did not request any additional time.

II

The sufficiency of the defendant’s evidence of government inducement regarding entrapment is a legal issue to be decided by the trial court. United States v. Sistrunk, 622 F.3d 1328, 1332-33 (11th Cir. 2010). Some of our opinions have applied a de novo review, while others have reviewed the question for an abuse of discretion. See id. at 1333 (noting the varying standards but declining to decide the appropriate standard of review, and holding that the result of the case was the same under either standard).

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Bluebook (online)
696 F. App'x 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-marc-elie-jean-charles-ca11-2017.