United States v. Michael L. Jackson

470 F.3d 299, 2006 U.S. App. LEXIS 29389, 2006 WL 3436038
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 30, 2006
Docket05-6338
StatusPublished
Cited by122 cases

This text of 470 F.3d 299 (United States v. Michael L. Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Michael L. Jackson, 470 F.3d 299, 2006 U.S. App. LEXIS 29389, 2006 WL 3436038 (6th Cir. 2006).

Opinion

OPINION

GRIFFIN, Circuit Judge.

Defendant-appellant Michael L. Jackson appeals his jury conviction of possession with intent to distribute more than five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). Defendant raises three issues on appeal, alleging that: (1) the district court erred in denying his motion to suppress because the affidavit in support of the search warrant failed to contain sufficient indicia of the confidential informant’s reliability; (2) the evidence submitted at trial regarding the weight of the cocaine was insufficient to prove that defendant possessed 5.6 grams of cocaine base as alleged in the indictment; and (3) the court erred in calculating defendant’s Sentencing Guidelines range, relying upon the government’s expert’s mere estimation of the quantity of cocaine base possessed by defendant. For the reasons set forth below, we affirm.

I.

On January 9, 2004, officers participating in a regional drug task force executed a search warrant at defendant’s residence in Saltillo, Tennessee. The search warrant was obtained based on an affidavit executed by Officer Tim Cunningham, a member of the Savannah, Tennessee, Police Department, assigned to the drug task force. The affidavit stated in pertinent part as follows:

Within the past three days a controlled and monitored buy of crack cocaine has been made from Michael Jackson at this residence [location and description set forth in detail] by a confidential informant. This informant was wearing a transmitting device which could be monitored by affiant. Informant was met by affiant before going to this residence where informant and informant’s vehicle was searched. Informant was given money to make this purchase with that [sic] can be identified if found. Affiant listened as Informant and Michael Jackson made this transaction. Affiant heard informant call Michael by his name and then discuss this sale along with some earlier transactions. Affiant observed informant going into this residence before making transaction. After making this purchase informant met back with affiant and turned over what they had purchased from Jackson at this residence. This was consistent with what affiant had heard thru [sic] monitoring device. Affiant field tested what was purchased from Jackson and it checked positive for cocaine. Checking with 911 the telephone at this residence is listed to a Michael Jackson. Informant ask[s] their name not be revealed for fear of their life. During transaction affiant recognized this being the voice of Michael Jackson.

Based on this information, the search warrant was issued on January 9, 2004, and was executed later that same day. The police recovered eighteen bags of crack cocaine, nine guns, $400 in cash, and a small bag of marijuana.

A federal grand jury subsequently returned an indictment charging defendant with possession of 5.6 grams of cocaine base with intent to distribute and possession of a firearm in connection with a drug offense, in violation of 21 U.S.C. *304 § 841(a)(1) and 18 U.S.C. § 924(c), respectively.

Defendant filed a motion to suppress the evidence obtained as a result of the search of his residence, alleging that the search warrant was based upon a deficient affidavit and hence issued without probable cause. The district court conducted a suppression hearing on March 1, 2005. At the hearing, Officer Cunningham testified that, prior to seeking the search warrant, he and another officer conducted a controlled buy at defendant’s residence. Cunningham testified that he related the specific nature of the controlled buy and the name of the confidential informant to the issuing magistrate. He further testified that the informant had no criminal record and no pending criminal charge. Officer Cunningham stated that the informant was searched before the buy, he watched the informant enter the residence, and, during the course of the transaction, he recognized one of the voices as being that of defendant.

On cross-examination, Officer Cunningham testified that a transmitting device was worn by the informant during the controlled buy so that the officers could listen to the transaction. Officer Cunningham testified that while he and the other officer sat in his unmarked vehicle approximately 150 yards away from defendant’s residence, the informant drove separately to defendant’s trailer in his own vehicle, which had been searched prior to the controlled buy. Officer Cunningham testified that “the transaction actually took place just outside the door of the residence.” Noting that the affidavit in support of the search warrant indicated that “[ajffiant observed informant going into this residence before making transaction,” defense counsel further questioned Officer Cunningham regarding where the controlled buy occurred. Officer Cunningham explained that “the transaction actually occurred outside at the residence itself on the porch, which the yard is part of the residence, to me, part of their residence.” Officer Cunningham acknowledged that he did not witness the transaction; instead, the officers listened to the transaction using a monitoring device. However, the transmission was not recorded. After the purchase was made, the officers met with the informant a short distance away from defendant’s residence and field-tested the substance sold to the informant, which tested positive for cocaine base. Officer Cunningham testified that the informant, a known drug user, was paid $50 for making the controlled buy.

In an oral ruling from the bench, the district court denied defendant’s motion to suppress, concluding that the requisite probable cause to search the residence had been established. The district court further concluded that defendant’s staleness argument was without merit, that the reliability of the informant was sufficiently buttressed by the monitored controlled buy and, even assuming arguendo there was a defect in the affidavit and warrant, the good-faith exception of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), applied to justify denial of defendant’s motion to suppress. The court thereafter denied defendant’s motion to reopen the proofs and to reconsider the order denying defendant’s motion to suppress.

The case proceeded to a jury trial, during which Officer Cunningham reiterated the circumstances of the controlled buy. When the search warrant was executed, the officers found a styrofoam cooler in the laundry room area of defendant’s residence. Inside the cooler there were two small socks containing eighteen individually packaged bags of crack cocaine. The officers also found a gun in the laundry *305 room and several other firearms in other areas of the residence.

Agent Jessica Webb of the Tennessee Bureau of Investigation (“TBI”) was called by the government to testify about the substance found in the bags. Agent Webb, a chemist charged with drug identification for the TBI, testified as to her qualifications as a biochemist. Without objection from defense counsel, the district court qualified her as an expert witness in the field of forensic chemistry.

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

Related

United States v. Tina Partin
Sixth Circuit, 2023
United States v. John Lawson
Sixth Circuit, 2022
United States v. John Helton
35 F.4th 511 (Sixth Circuit, 2022)
United States v. Dante Watts
Sixth Circuit, 2022
United States v. Rafael Moore
999 F.3d 993 (Sixth Circuit, 2021)
United States v. Richard Crawford
943 F.3d 297 (Sixth Circuit, 2019)
State v. Bingham
2019 Ohio 3324 (Ohio Court of Appeals, 2019)
United States v. Martha Ednie
707 F. App'x 366 (Sixth Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
470 F.3d 299, 2006 U.S. App. LEXIS 29389, 2006 WL 3436038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-l-jackson-ca6-2006.