United States v. McCraney

612 F.3d 1057, 2010 U.S. App. LEXIS 15064, 2010 WL 2852970
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 22, 2010
Docket09-1943, 09-2330
StatusPublished
Cited by33 cases

This text of 612 F.3d 1057 (United States v. McCraney) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. McCraney, 612 F.3d 1057, 2010 U.S. App. LEXIS 15064, 2010 WL 2852970 (8th Cir. 2010).

Opinions

COLLOTON, Circuit Judge.

Adrian McCraney and Kennie Williams were each convicted by a jury of possession of cocaine base with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), robbery in violation of the Hobbs Act, 18 U.S.C. § 1951, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). The jury also found McCraney guilty of possession of a firearm as' a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The district court2 sentenced Williams to a total of 225 months’ imprisonment and McCraney to a total of 420 months’ imprisonment.

On appeal, Williams challenges the district court’s exclusion of his post-arrest statement to police, denial of his motion for severance, rejection of his proposed jury instruction on reasonable doubt, and denial of his motion for new trial. Williams also challenges his sentence, arguing that counts one and two of the indictment should have been grouped for purposes of the advisory guidelines, that facts increasing Williams’s advisory sentence must be proved beyond a reasonable doubt, and that the sentence imposed by the district court is unreasonable. McCraney challenges the sufficiency of the evidence to convict him, and the district court’s application of the career offender guideline at sentencing. We affirm the judgments of the district court.

[1061]*1061I.

In late August 2007, Kennie Williams made arrangements to buy four ounces of cocaine from a drug dealer named Larry Jones. The two agreed to meet in the parking lot of the Super Wal-Mart in Coralville, Iowa, late in the evening on August 29 to conduct the transaction. Jones entered Williams’s vehicle and handed Williams a one-ounce package of cocaine to inspect. Jones testified that Williams “started kind of fidgeting with [the package] ... and discussing how he didn’t think that it looked right.”

As Jones tried to convince Williams to complete the deal, Adrian McCraney entered the vehicle on the passenger side and seated himself behind Jones. Jones was startled by McCraney’s appearance, but Williams “said it was okay, that it was his cousin.” McCraney began to question whether Jones was an undercover police officer, and while Jones was responding to McCraney, Williams kept fidgeting with the one package of cocaine. A Motorola phone box containing the rest of the cocaine remained in Jones’s lap.

Suddenly, McCraney reached over the top of the seat in front of him and put a gun to Jones’s chest. While Jones was held at gunpoint, Williams rifled through his belongings. Williams took the box with the remaining cocaine and emptied Jones’s pockets, seizing Jones’s ID, all of his money, a pack of cigarettes, a lighter, and a cell phone.

McCraney and Williams eventually permitted Jones to leave the vehicle, and then sped out of the parking lot with Williams driving. Jones followed on his motorcycle, but soon abandoned the pursuit and called 911 to report the robbery.

Police officers located the Williams vehicle and engaged in a high-speed chase down Interstate 380 into Shueyville, Iowa. During the chase, officers saw several items thrown out of the front passenger-side window of the Williams car. Officers later searching along the route found a Motorola cell phone box containing several packages of cocaine and a handgun.

When the officers concluded that Williams would not stop voluntarily, one of the pursuing officers intentionally struck Williams’s car, causing it to spin off the road and into a ditch. Police arrested McCraney and Williams. Officers searched the car and recovered one sealed package of cocaine and a clip and a bullet for a .45 caliber handgun. At the time of his arrest, Williams carried two cell phones — his own and Jones’s — and $219 in cash. McCraney was carrying $137.

McCraney and Williams were both charged with possession of cocaine base with intent to distribute, Hobbs Act robbery, and possession of a firearm in furtherance of a drug trafficking crime. McCraney was also charged with possession of a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). After a trial in March 2008, a jury returned verdicts of guilty on all counts. The district court sentenced Williams to 165 months’ imprisonment on both counts one and two, to be served concurrently, and 60 months on count three, to be served consecutively, for a total of 225 months’ imprisonment. The court sentenced McCraney to 360 months on count one, 240 months on count two, and 120 months on count four, to be served concurrently, and 60 months on count three, to be served consecutively, for a total of 420 months’ imprisonment.

II.

A.

Williams argues that the district court abused its discretion by refusing to admit into evidence a statement he made at the Coralville police station after his arrest. He argues that the statement was [1062]*1062admissible under the residual exception to the hearsay rule. That exception, set forth in Federal Rule of Evidence 807, provides that the district court may admit testimony if it has “equivalent circumstantial guarantees of trustworthiness” and the court determines that “(A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of [the rules of evidence] and the interests of justice will best be served by admission of the statement into evidence.” We review the district court’s ruling for abuse of discretion. United States v. Thunder Horse, 370 F.3d 745, 747 (8th Cir.2004).

The disputed statement was a declaration by Williams that he did not know anything about the robbery of Jones prior to when it occurred, that he was taken by surprise when McCraney entered the car and pulled out a gun, that after the robbery McCraney instructed him to drive away from the parking lot, and that McCraney then put the gun to Williams’s head and told him to keep driving while the police pursued them. Williams suggests that a statement given by an uncounseled arrestee who is under interrogation by law enforcement officers bears sufficient indicia of trustworthiness to warrant admission under Rule 807, because the very purpose of police interrogation is to obtain truthful statements that can be used to further an investigation.

The district court disagreed that the circumstances surrounding Williams’s statement adequately guaranteed its reliability. The court ruled the statement identifying McCraney as the mastermind of the robbery was not admissible under Rule 807, because “[i]t does not bear indicia of trustworthiness for somebody to sit down and write out a statement that essentially implicates somebody else.” We agree with this sensible conclusion.

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Cite This Page — Counsel Stack

Bluebook (online)
612 F.3d 1057, 2010 U.S. App. LEXIS 15064, 2010 WL 2852970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mccraney-ca8-2010.