United States v. Rhodes

314 F. App'x 790
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 5, 2008
Docket07-1932
StatusUnpublished
Cited by5 cases

This text of 314 F. App'x 790 (United States v. Rhodes) 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. Rhodes, 314 F. App'x 790 (6th Cir. 2008).

Opinions

COOK, Circuit Judge.

Richard Rhodes appeals his conviction of firearm-related offenses, challenging the denial of his motion in limine and the sufficiency of the perjury finding. Discerning no abuse of discretion in the in-limine ruling and sufficient support for the perjury-based enhancement, we affirm.

[792]*792I

In January 2006, police responded to a report that two men were arguing at an intersection and that one of them brandished a gun. As police drove to the intersection, they saw a man matching the reported description. This man, who turned out to be Rhodes, parked at a gas station and entered its convenience store. Meanwhile, officers looked inside his car, where they saw a distinctive blue hat with gold embroidery fitting the reported description. With some difficulty (Rhodes tried to run), officers arrested Rhodes and found a pistol in his car. Rhodes denied owning the pistol, explaining that he took it from “Mark,” a neighbor who threatened Rhodes with the pistol during a fight.

Three months later, Rhodes had another run-in with the police. When executing a search warrant at an apartment after a controlled buy there, police found a surprised Rhodes asleep on a bed in that apartment. On the floor of an open, walk-in closet near the bed, police found three boxes containing 146 bullets sitting in plain view just beneath the hanging clothes. These bullets were the size — 9 mm — to fit the pistol seized from Rhodes in January. Officers also found a business card from Rhodes’s probation officer and the police report from the January arrest.

In the second bedroom, officers awakened Rhodes’s roommate, Alfonso Johnson, and found a 9-mm Luger loaded with ten rounds, three of which matched those in the bullet boxes. They also discovered cocaine in Johnson’s room and one bag each of cocaine and marijuana on the counter in the apartment’s common area. Rhodes had no drugs in his room, but the cocaine found in the living-room sat under a hat with gold embroidery, a red version of the blue hat found in Rhodes’s car in January.

The government charged Rhodes with being a felon in possession of a firearm (from the January arrest) and a felon in possession of ammunition, but did not charge him with any drug offenses. At trial, Rhodes claimed to know nothing of the ammunition in his closet or the drug-dealing at his apartment. According to Rhodes, he ended up in the wrong place at the wrong time; not only had he never owned a handgun, but he also denied living at the apartment, saying that he primarily stayed with his girlfriend or his mother, keeping the apartment only because his lease had yet to expire. The informant who purchased cocaine at the apartment bolstered Rhodes’s testimony to the extent that he described the seller as approximately 160 pounds; Rhodes weighs 285 pounds.

The jury convicted Rhodes, and at sentencing, the district court imposed a two-level obstruction-of-justiee enhancement for Rhodes’s perjuring himself by disavowing knowledge of ammunition in his closet. Rhodes received a 78-month sentence, the lowest in the Guidelines range.

Rhodes’s appeal attacks the two-level enhancement, as well as the denial of his motion in limine aimed at excluding evidence of drugs found at the apartment under Federal Rules of Evidence 402 (irrelevance) and 403 (substantially more prejudicial than probative).

II

A. Denial of Motion in Limine

We review the denial of a motion in limine for abuse of discretion, United States v. Goosby, 523 F.3d 632, 638 (6th Cir.2008), defined as a “definite and firm conviction that the trial court committed a clear error of judgment.” United States v. Hunt, 521 F.3d 636, 648 (6th Cir.2008) (citations omitted).

Rhodes argues that the evidence of the marijuana and cocaine in his apart[793]*793ment either had no relevance to his knowing possession of ammunition or created unfair prejudice by encouraging jurors to impermissibly infer guilt from character, which the district court allegedly exacerbated when Rhodes testified and the court allowed evidence of his prior marijuana felony conviction. We uphold the district court’s decision to admit the drug evidence for at least two reasons. First, the drugs were res gestae, or “background,” evidence. This court has explained:

“Proper background evidence has a causal, temporal or spatial connection with the charged offense,” and includes evidence that is “a prelude to the charged offense, is directly probative of the charged offense, arises from the same events as the charged offense, forms an integral part of a witness’s testimony, or completes the story of the charged offense.”

United States v. Martinez, 430 F.3d 317, 335 (6th Cir.2005) (quoting United States v. Hardy, 228 F.3d 745, 748 (6th Cir.2000)). Evidence of the controlled purchase and drugs found at the apartment initiated this case; the drugs explain why the police raided Rhodes’s apartment. Moreover, the three baggies in the common area adjacent to Rhodes’s bedroom had a spatial and temporal connection to the ammunition. Rhodes mischaracterizes the facts when he complains that “the drugs in question ... were not found anywhere near Defendant.”

Second, the drugs provided a motive for possessing the ammunition: protecting the drug stash. Contrary to Rhodes’s view that this case has “nothing to do with drugs,” the district court followed the accepted view that guns (and naturally, ammunition) are “tools of the trade” used to protect drugs and drug money. See United States v. Hardin, 248 F.3d 489, 499 (6th Cir.2001) (“This Court has held many times that guns are ‘tools of the trade’ in drug transactions.”). Further linking Rhodes and his ammunition to drug activity, officers found cocaine under a hat similar to one he wore on the day of his January arrest. On these facts, the district court could conclude that the drugs’ “probative value” was not “substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury....” See Fed.R.Evid. 403 (emphasis added); see also United States v. Logan, 250 F.3d 350, 368 (6th Cir.2001) (in Rule 403 review, “we maximize the probative value of the evidence and minimize its potential prejudice to the defendant”).

United States v. Till supports admitting the drug-related evidence. 434 F.3d 880 (6th Cir.2006). In Till, even though the government only charged a felon-in-possession-of-a-firearm offense, the district court admitted evidence of drugs found on the defendant’s person and in his car. The Till

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314 F. App'x 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rhodes-ca6-2008.