United States v. Samuel Richardson

597 F. App'x 328
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 6, 2015
Docket13-2287
StatusUnpublished
Cited by6 cases

This text of 597 F. App'x 328 (United States v. Samuel Richardson) 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. Samuel Richardson, 597 F. App'x 328 (6th Cir. 2015).

Opinions

CLAY, Circuit Judge.

Defendant Samuel Richardson appeals his conviction and sentence for one count [330]*330of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1), and one count of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Specifically, Richardson appeals from the district court rulings that his 1998 conviction for two counts of delivering less than 50 grams of narcotics was admissible under Federal Rule of Evidence 404(b); the 1998 conviction was also admissible under Federal Rule of Evidence 609; denying his motion to suppress statements he made to police officers during his interrogation; and sentencing him as a career offender pursuant to United States Sentencing Guideline § 4B1.1.

For the reasons set forth below, we hold that the district erred in admitting evidence of the 1998 conviction under Rule 404(b), and we VACATE Richardson’s conviction and sentence.

BACKGROUND

I. Procedural History

Samuel Richardson was indicted in federal district court for one count of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1), and one count of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). A jury found him guilty of both counts upon the conclusion of a three-day trial.

The government sought a sentencing enhancement, pursuant to 21 U.S.C. § 851, whereby Richardson would be classified as a career offender under § 4B1.1 of the United States Sentencing Guidelines based on two prior narcotics distribution offenses: Richardson’s 1997 guilty plea to one count of delivering or manufacturing marijuana, and his 1998 guilty plea to two counts of delivering less than fifty grams of crack cocaine. The district court classified Richardson as a career offender and sentenced him to a 262-month term of confinement.

II. Facts

In late-September 2011, police officers executed a search warrant at Richardson’s home in Saginaw, Michigan. They found nine grams of crack cocaine, some marijuana, a razor blade, a digital scale, baking soda, and a box of plastic baggies. The officers also found $260 on Richardson’s person and a loaded Ruger .357 revolver that was hidden in his bedroom.

While the officers searched the residence, Richardson became violently ill. He began vomiting and sweating profusely, and he complained of lightheadedness and chest pains. Richardson, accompanied by two officers, was transported by ambulance to a nearby hospital. Immediately upon arriving at the hospital, Richardson was admitted, taken to a patient room, and given pain medication and an anti-nausea drug.

During the first few minutes at the hospital while the nursing staff was checking Richardson’s vitals, Trooper Neil Sommers read Richardson his Miranda rights off of a card. Sommers testified that Richardson nodded his head affirmatively and said “yeah” when asked if he understood his rights and was willing to talk to the officers.. At that point, Sommers turned on a digital recorder to tape the interrogation, but unbeknownst to him, it stopped recording shortly after he turned it on. The device turned off and on during the hours-long interrogation, and most of the conversation was not recorded.

During the questioning, Richardson was handcuffed to the hospital bed, and the officers and hospital staff were going in and out of the room. Richardson’s physical condition improved almost immediately upon arriving at the hospital, and he engaged in a lengthy dialogue with the offi[331]*331cers. The officers testified that Richardson twice admitted to being a drug dealer and also confessed that there were nine grams of crack cocaine and a handgun in his house.

After Richardson was indicted, his attorney filed a motion to suppress the statements he made during his interrogation at the hospital. Counsel argued that the statements should be suppressed because Richardson was questioned while receiving treatment for an acute condition and because the police failed to record most of the interrogation. The district court held a hearing on the matter and then denied the motion.

Prior to trial, while negotiating a potential plea agreement with the government, Richardson filed a motion to determine whether he would be sentenced as a career offender under § 4B1.1 of the Guidelines. The district court ruled that it would classify him as a career offender; as a result, Richardson rejected the government’s plea deal and proceeded to trial.

At trial, the only contested issue was Richardson’s intent to distribute the drugs found in his residence. He stipulated that he was a felon, that he possessed the firearm, and that he possessed the narcotics.

The government called several police officers as witnesses. One officer testified that he conducted “trash pulls” at Richardson’s home pior to the execution of the search warrant. The officer testified that during the trash pulls, he recovered marijuana, joints, sandwich baggies with missing corners, and baggies with a white residue suspected to be cocaine. Another officer testified about the items recovered during the raid — nine grams of crack cocaine, some marijuana, a razor blade, a digital scale, baking soda, a box of plastic baggies, $260 in cash, and a handgun. The government also played portions of the audio recording of Richardson’s interrogation and called the two officers who questioned Richardson to testify as to the substance of the conversation. A narcotics investigator also testified and opined that the items found at Richardson’s home were indicative of drug distribution.

Richardson’s counsel cross-examined the officers and elicited testimony that there was no direct evidence that Richardson was a drug dealer aside from the statements he allegedly made to his interrogators.

After the government indicated that it was prepared to close its case-in-chief, the court and the parties discussed whether the jury would be allowed to consider the lesser included offense of possession even if Richardson did not testify. During this discussion, the government stated its intention to impeach Richardson if he testified, under Federal Rule of Evidence 609, with the record of his 1998 conviction for drug trafficking. The district court agreed to instruct the jury on the lesser included charge and also ruled that the government could impeach Richardson with his prior conviction under Rule 609. After a lengthy, on-the-record colloquy between Richardson and his counsel, Richardson decided not to testify.

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Cite This Page — Counsel Stack

Bluebook (online)
597 F. App'x 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-samuel-richardson-ca6-2015.