United States v. Riley

30 F. App'x 646
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 15, 2002
DocketNo. 01-1727
StatusPublished

This text of 30 F. App'x 646 (United States v. Riley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Riley, 30 F. App'x 646 (7th Cir. 2002).

Opinion

ORDER

Terrance Riley was tried on one count of possession with intent to distribute crack, 21 U.S.C. § 841(a)(1), and one count of possession of firearms as a convicted felon, 21 U.S.C. § 851(a)(1). Riley was acquitted on the gun charge, but convicted on the drug charge, and sentenced to 250 months’ imprisonment to be followed by 5 years’ supervised release. Riley challenges his conviction, claiming that insufficient evidence existed to prove that he possessed the crack, and that the district court erred in failing to instruct the jury to disregard a detective’s testimony that Riley admitted possessing the crack. We affirm.

[648]*648I. BACKGROUND

On three occasions between May and August 1999, in the course of a narcotics investigation, detectives from the Allen County Police Department searched the trash behind a house in Fort Wayne, Indiana. The house was owned by Barbara Harris, Riley’s co-defendant who was indicted with him but severed for trial. The detectives found plant material later identified as marijuana and implements of the drug trade bearing cocaine residue (ie., plastic bags, packaging materials, stirring sticks made from hangers). Detective Dean Huey testified at trial that he also found a Styrofoam container of spoiled food bearing the name “Terry.” Based on the trash search, detectives obtained a search warrant for Harris’s house.

On August 27, 1999, at 1:30 in the afternoon, officers executed the search warrant. The first officer to enter the house, Dave Gladieux, saw a man and a woman later identified as Riley and Harris standing in a bedroom doorway. Riley was wearing shorts with no shirt, socks or shoes, and Harris was wearing only her panties. Riley identified himself to officers as Quantrell Ward and showed them an identification card bearing that name and his picture. The officers told Riley that they had to take him to “lockup” to be fingerprinted, and that they had called for a drug-sniffing dog. Officers testified at trial that Riley responded by becoming nervous and telling them that he was ready to go to lockup.

Once the drug-dog arrived, officers searched the bedroom and found a container with 84.7 grams of crack in plain sight on the floor. The crack appeared freshly cooked; it had an oatmeal-like appearance, was warm to the touch, and was being cooled under a fan. Among other things, officers also found two small bags of marijuana, $21,841 in mostly 20’s, 50’s and 100’s bundled in $1,000 increments under a blanket on the bed, two handguns, and a home detention card from Allen County Community Corrections in the name of Terrance Riley that was located among documents belonging to Harris. A man’s clothes and shoes were in the bedroom closet.

Elsewhere in the house officers found various implements of the drug trade bearing cocaine residue (ie., wire hanger stirring stick, plastic bags, scales), another handgun, and numerous pictures throughout the house of Harris and Riley together. In addition, Riley had $433 and a cellular telephone in his pocket, and Harris had $1,800 in her purse. The police did not check for fingerprints on any of the items they found during the searches of the house and the trash.

Riley’s mother, Anita Riley, testified at trial that Harris and Riley had a young daughter who lived with Harris. Anita also testified that Riley lived with her and not with Harris, and that Quantrell Ward (the name Riley initially gave police) was Harris’s cousin.

II. ANALYSIS

A. Sufficiency of the Evidence

On appeal Riley principally contends that the government presented insufficient evidence to prove that he possessed the crack found in the bedroom of Harris’s house because, Riley argues, the government proved only that he was present in the house at the time of the search. At trial Riley moved for a directed verdict when the government rested and at the close of the evidence. Reviewing the evidence in the light most favorable to the government, we will uphold a conviction if any rational jury could have found the essential elements of the crime beyond a reasonable doubt. United States v. Hunter, 145 F.3d 946, 949 (1998).

[649]*649Under § 841(a)(1) possession can be either actual or constructive, and constructive possession can be established through circumstantial evidence. United, States v. Richardson, 208 F.3d 626, 632 (7th Cir.), cert. denied, 531 U.S. 910, 121 S.Ct. 259, 148 L.Ed.2d 188 (2000). Constructive possession exists where the evidence demonstrates ownership, dominion, authority, or control. Id. But a defendant’s mere proximity to drugs, without more, is not enough to establish constructive possession; the government must establish a nexus between the defendant and the drugs that distinguishes him from an innocent bystander. United States v. Hunte, 196 F.3d 687, 692 (7th Cir.1999).

The thrust of Riley’s argument on appeal is that he can explain away his connection to Harris’s house and the crack because he and Harris have a child together, which he argues gave him a benign reason for being in the house. But the government’s proof need not exclude every innocent explanation so long as the total evidence permits a finding of guilt beyond a reasonable doubt; the trier of fact is empowered to draw inferences and choose among conflicting constructions of the evidence. United States v. Harris, 271 F.3d 690, 703-04 (7th Cir.2001).

That is the case here; the government presented substantial evidence linking Riley to the crack. Riley’s identification card from Allen County Community Corrections was in the same room where he was standing when police entered the house, and where police found freshly cooked crack, guns, and a large sum of cash. See Richardson, 208 F.3d at 632 (constructive possession of drugs and guns where defendant was present when drugs found, had substantial connection to the house, drugs were in plain view, and guns were found with defendant’s personal items); United States v. Kitchen, 57 F.3d 516, 519-21 (7th Cir.1995) (constructive possession where defendant’s personal items found in same room in his girlfriend’s home as guns); see also United States v. Dunlap, 28 F.3d 823, 826 (8th Cir.1994) (“Coleman’s presence in the apartment [where the cocaine was] with a gun, his hat in the kitchen, and the fact that he was brought [there at the resident’s] request, allows an inference that Coleman had constructive possession of the cocaine.”). Riley also lied to police about his identity and became nervous when police told him that they had called for a drug-dog. See United States v. Stribling, 94 F.3d 321

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Related

United States v. Francisco Espino
32 F.3d 253 (Seventh Circuit, 1994)
United States v. Isiah Kitchen
57 F.3d 516 (Seventh Circuit, 1995)
United States v. Yvonne Stribling
94 F.3d 321 (Seventh Circuit, 1996)
United States v. Robert Salerno
108 F.3d 730 (Seventh Circuit, 1997)
United States v. Robert D. Hunter
145 F.3d 946 (Seventh Circuit, 1998)
United States v. Cheryl A. Hunte
196 F.3d 687 (Seventh Circuit, 1999)
United States v. Clarence Richardson, Jr.
208 F.3d 626 (Seventh Circuit, 2000)
United States v. Anselmo Carrillo and Francisco Soto
269 F.3d 761 (Seventh Circuit, 2001)
United States v. Marcus L. Harris
271 F.3d 690 (Seventh Circuit, 2001)
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Bluebook (online)
30 F. App'x 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-riley-ca7-2002.