United States v. Telly J. Hill

518 F. App'x 744
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 7, 2013
Docket12-10180
StatusUnpublished
Cited by4 cases

This text of 518 F. App'x 744 (United States v. Telly J. Hill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Telly J. Hill, 518 F. App'x 744 (11th Cir. 2013).

Opinion

PER CURIAM:

Telly J. Hill appeals his two convictions, arguing the government presented insufficient and irrelevant evidence to prove that he conspired to distribute 5 kilograms or more of cocaine and 280 grams or more of crack cocaine, and that he had a firearm in connection with that conspiracy. Hill contends there was insufficient evidence to prove the drug conspiracy charge and the gun charge because the government did not sufficiently corroborate his confession, which the government used to prove both charges. Hill also argues that evidence tying him to a drive-by shooting was improperly admitted under Federal Rule of Evidence 404(b). Based on the facts presented in this case, we affirm both of Hill’s convictions.

I.

A defendant may not be convicted solely on the basis of an uncorroborated confession. Opper v. United States, 348 U.S. 84, 89-93, 75 S.Ct. 158, 162-164, 99 L.Ed. 101 (1954). When the government introduces a defendant’s statement into evidence, it must also present “substantial independent evidence” to support the defendant’s statement. Id. at 93, 75 S.Ct. at 164. The corroboration requirement “serves a dual *746 function. It tends to make the admission reliable, thus corroborating it while also establishing independently the other necessary elements of the offense.” Id. Thus, while we do not require independent, corroborative evidence to prove every element of the offense, we do demand that the government present substantial evidence to show that the confession, taken as a whole, is reliable and trustworthy. Roberts v. United States, 416 F.2d 1216, 1222 (5th Cir.1969) (“Indeed, it is necessary only for the Government to introduce substantial independent evidence which would tend to establish the trustworthiness of the confession.”). 1 Recognizing that “[e]ach case has its own facts admitted and its own corroborative evidence,” Opper, 348 U.S. at 93, 75 S.Ct. at 164, we conclude that the independent evidence in this case satisfies the corroboration requirement because it shows that Hill’s confession is reliable and trustworthy.

A.

We first decide whether the government presented sufficient evidence to corroborate Hill’s admission that he participated in a drug conspiracy. Hill contends that the government did not introduce sufficient evidence to corroborate his statement that during the previous year, he bought a half-kilogram of cocaine per week from a supplier named Erick Smith. The government responds that it introduced sufficient evidence for the jury to infer that Hill participated in a drug conspiracy and that he knew Smith. The government also argues this evidence corroborates Hill’s confession of his participation in a large-scale drug conspiracy with Smith.

We conclude that the government presented sufficient corroborative proof by introducing evidence of Hill’s extensive participation in the drug trade. For example, during a search of Hill’s home, the police found sixty-two grams of cocaine and fifty-five grams of crack cocaine in plastic bags, and also discovered “a large amount of suspected crack cocaine in plastic bags” being flushed down the toilet. Hill had crack cocaine and several hundred dollars in his pocket. The police also found approximately $2,000 in cash in a bedroom dresser; two boxes of baking soda, which “is used to increase the volume of powder cocaine in its transfer from powder into crack cocaine”; and plastic bags, which can be “used to package crack cocaine for resale.”

On a separate occasion, Hill sold crack cocaine to a government confidential informant. On yet another occasion, Hill was found with $4,190 in cash, leaving a hotel room that contained drugs and a digital scale. When Hill saw the police, he swallowed a white object that the police believed to be cocaine. On still another occasion in a different hotel, Hill’s identification card was found hidden next to crack cocaine and marijuana, in a room that Hill helped pay for. A government witness told the jury about incriminating text messages found on Hill’s phone, which suggested Hill was selling drugs. Finally, in his confession, Hill told the police that Smith drove a Volvo, a white Chevy truck, and a red Dodge Magnum. A government witness confirmed that Smith drove these vehicles.

Viewing the evidence in the light most favorable to the government, United States v. Micieli, 594 F.2d 102, 104 (5th Cir.1979), and considering the evidence of Hill’s involvement with the drug business, *747 including his knowledge of Smith’s vehicles, we conclude that the government’s independent evidence was substantial and showed that Hill’s confession of a drug conspiracy with Smith was trustworthy, reliable and truthful. See id. at 109; see also Smith v. United States, 348 U.S. 147, 156, 75 S.Ct. 194, 199, 99 L.Ed. 192 (1954) (explaining that corroborating evidence need only “fortif[y] the truth of the confession, without independently establishing the crime charged”). Thus, the government introduced sufficient evidence to corroborate Hill’s confession. Considering Hill’s confession, together with the government’s independent evidence, there is sufficient proof to sustain Hill’s conspiracy conviction.

B.

We also conclude that the government sufficiently corroborated Hill’s statement that he used a gun to protect himself and his drug business. Hill argues that the government did not offer sufficient proof to corroborate his statement to law enforcement that he possessed a .380 semiautomatic to protect his drug business. Hill acknowledges that a revolver was found in a hotel room next to drugs and his identification card, and that a .380 was used in a drive-by shooting which was a part of the evidence presented at his trial. However, he argues that the government failed to connect these guns to the conspiracy for which he was indicted. Based on this, Hill claims the government did not introduce sufficient evidence to corroborate his confession as it related to his gun charge. The government counters that its evidence corroborated the confession as a whole, because the independent evidence of a gun found next to Hill’s identification card and drugs, and Hill’s participation in a drive-by shooting, supported the essential facts of Hill’s statement that he used a gun to protect his drug business.

Again, the question before us is whether the government presented substantial evidence to show that Hill’s admission to law enforcement, taken as a whole, is truthful, trustworthy, and reliable. See Micieli, 594 F.2d at 109.

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Bluebook (online)
518 F. App'x 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-telly-j-hill-ca11-2013.