United States v. Redd

29 F. App'x 290
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 5, 2002
DocketNo. 99-2093, 99-2095
StatusPublished
Cited by1 cases

This text of 29 F. App'x 290 (United States v. Redd) 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. Redd, 29 F. App'x 290 (6th Cir. 2002).

Opinion

OPINION

CARR, District Judge.

Defendants Arnold Redd and Bernard Shackleford, former Detroit police officers, appeal their convictions, and Shackleford appeals his sentence, in this case involving civil rights violations. Shackleford argues that the district court committed prejudicial error by denying his pre-trial motion for severance, and that the court committed legal error in sentencing him based on a total combined offense level of 24. Redd argues that he should be granted a new trial due to the publication, during jury deliberation, of an “inherently prejudicial newspaper article, and because insufficient evidence was presented to sustain the verdicts.

BACKGROUND

According to a third superseding indictment, the defendants and several of their fellow police officers engaged in a criminal conspiracy to “injure, oppress, threaten and intimidate persons in the State of Michigan in the free exercise and enjoyment of the rights secured to them by the Constitution and laws of the United States” in violation of 18 U.S.C. § 241.1

The indictment charged that the officers, while on duty and without legal justification, would raid crack houses or other locations where they believed drug trafficking was occurring. During these raids, the officers would intimidate those persons found in the houses through threats of violence and the use of firearms. The officers would conduct illegal searches of the locations and persons, including body cavity searches, and keep some or all of the money, drugs, and guns found during [295]*295these raids. The officers also stopped and searched cars without legal justification, keeping for themselves any money found during these searches. To conceal their illegal activity, the officers would falsify police reports.

At trial, the government presented evidence of Shackleford’s and Redd’s involvement in the conspiracy. For example, there was testimony that on August 8, 1995, Redd and a fellow officer entered a room at the Saxony Motel without the consent of the occupants or a warrant. With their guns drawn, they made the occupants lie on the floor and conducted a search of the room and its occupants. Redd and his fellow officer seized drugs and money found in the room. Redd then falsified his police report, changing the circumstances surrounding the search and the amounts of drugs and money confiscated.

The government presented evidence that on August 17, 1995, Redd, Shackle-ford, and fellow officers entered a house without consent or a warrant. The officers made an extensive search of the house, took property from the occupants, and then failed to detail the search in their police reports.

On September 13, 1995, Shackleford and a fellow officer responded to a complaint of breaking and entering. This call resulted in the arrest and search of a suspect. The search recovered a firearm, $500 cash, and other personal property. Shackleford’s report following this incident failed to mention the firearm and reported the seizure of only $120 cash. Additionally, the report falsely stated that crack cocaine was found on the suspect.

In September of 1995, Redd and a fellow officer approached an individual standing across the street from the Saxony Motel. The two officers physically assaulted the individual and confiscated $260 cash from him. In December of 1996, Redd and the same fellow officer confronted the same individual. During this confrontation, the officers confiscated a pistol, which neither officer ever reported having seized.

On November 11, 1995, Redd, Shackle-ford, and fellow officers entered a home in Detroit without consent or a warrant. The officers searched the home and its occupants, seizing drugs and money. The officers kept money and drugs, falsifying their reports following this incident.

On January 28, 1996, Redd and a fellow officer entered a Detroit home and discovered a firearm. The officers kept the firearm and failed to note its existence in the report filed following the incident.

On February 12, 1996, Redd and fellow officers entered a home without consent or a warrant. The officers took money from the occupants of the home, but failed to report the actual amounts taken. Additionally, the officers falsely arrested one of the occupants of the home.

On May 6, 1996, Shackleford and a fellow officer entered a suspected crack house and conducted a search. The search uncovered a firearm that the officers took but failed to report. Three days later, Shackleford, Redd and fellow officers returned to the same house. The officers searched the house and detained the occupants. Redd took approximately $800 cash from one of the occupants. Redd failed to report this money following the incident.

In addition to the conspiracy count, the indictment charged, in Count Fifteen, that defendant Redd “did knowingly possess a stolen firearm,” which had traveled in interstate commerce, in violation of 18 [296]*296U.S.C. §§ 922(j)2 and 924(a)(2).

A jury found both defendants guilty of conspiracy to violate civil rights under 18 U.S.C. § 241, and found Redd guilty of possession of a stolen firearm under 18 U.S.C. § 922(j). The district judge sentenced Shackleford to a sentence of fifty-one months and Redd to concurrent sentences of one hundred and twenty months on each count.

DISCUSSION

On this appeal, Shackleford argues that the district court erred by denying his pretrial motion for severance, and sentencing him based on a total combined offense level of 24. Redd argues that he was prejudiced by the publication, during jury deliberations, of an “inherently” prejudicial newspaper article, and that the government presented insufficient evidence to sustain his guilty verdict. We review Shackleford’s appeals first.

I. Denial of Motion to Sever

Shackleford argues that the trial court committed prejudicial error by denying his pre-trial motion for severance. He claims that the crimes alleged against his co-defendants,3 such as selling crack cocaine, possessing stolen firearms, and lying to the grand jury, are dissimilar from the crime of conspiracy he was charged with committing. Shackleford argues that, by failing to sever, the trial court caused the evidence relating to the substantive crimes of his co-defendants to “spill over” — i.e., affect the jury’s consideration of the evidence against him.

We review Shackleford’s appeal in light of the “preference in the federal system for joint trials of defendants who are indicted together.” Zafiro v. United States, 506 U.S. 534, 537, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993). Joint trials “promote efficiency and ‘serve the interests of justice by avoiding the scandal and inequity of inconsistent verdicts.’ ” Id. (quoting Richardson v. Marsh, 481 U.S. 200, 209, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987)).

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Related

Shackleford v. United States
536 U.S. 914 (Supreme Court, 2002)

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Bluebook (online)
29 F. App'x 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-redd-ca6-2002.