United States v. Vernon Chapman

804 F.3d 895, 2015 U.S. App. LEXIS 18749, 2015 WL 6522825
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 28, 2015
Docket14-3311, 14-3363
StatusPublished
Cited by2 cases

This text of 804 F.3d 895 (United States v. Vernon Chapman) 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. Vernon Chapman, 804 F.3d 895, 2015 U.S. App. LEXIS 18749, 2015 WL 6522825 (7th Cir. 2015).

Opinion

BAUER, Circuit Judge.

On May 12, 2014, a jury convicted defendant-appellant, Vernon Chapman (“Chapman”), for distributing heroin and crack cocaine on five separate occasions. All of the drug transactions were recorded by an undercover informant wearing a Hawk recording device, which captured audio-video recordings of each transaction. The recordings were introduced at trial. Following his conviction, Chapman was sentenced to 200 months’ imprisonment.

Chapman appeals his conviction on several grounds. First, he argues that the district court violated his constitutional rights to a fair trial by both refusing to grant him a third expert witness to examine the informant’s recordings and by denying his motion to subpoena one of his earlier expert witnesses. Second, he argues that the district court erred in admitting the recordings at trial. Third, he argues that the district court erred in denying his motion for acquittal based on his defense of entrapment. Finally, he argues that his sentence of 200 months’ imprisonment was unreasonable. For the reasons that follow, we affirm the district court’s rulings. 1

I. Factual Background

In 2010, the Chicago Police Department and the Federal Bureau of Investigations (“FBI”) conducted a joint operation (codenamed “Operation Blue Knight”) to investigate and arrest individuals involved in drug trafficking on the West Side of Chicago. As part of the investigation, the government obtained the assistance of an undercover informant, Bernard Baggett (“Baggett”). Baggett agreed to engage in several drug transactions while wearing a Hawk recording device, which captured audio-visual recordings. Prior to each drug transaction, Baggett met with an FBI agent who installed and turned on the Hawk recording device. Once the device was activated, the agent stated the agent’s name, the time, and the date. The agent also installed a transmitter on Baggett, so that the agent could listen to the real-time-transactions as they unfolded. After each transaction concluded, Baggett would again meet with the same agent. The agent would restate the agent’s name, as well as the time and date before deactivat *898 ing the Hawk recording device and removing the transmitter. If at any point the Hawk recording device was turned off, a gap would appear in the recording’s time stamp. Once the Hawk recording device was deactivated, it was returned to the FBI offices and attached to a computer, where the recordings were then downloaded onto a DVD through a software program.

At the government’s direction, Baggett engaged in the following five drug transactions with Chapman while wearing the Hawk recording device:

On July 19, 2010, two months after Chapman was released from prison for a prior narcotics conviction, Baggett called Chapman to see if he would sell him heroin. Chapman knew Baggett personally, and had known him for nearly all of his life. Chapman told Baggett to call him back. The following morning, July 20, 2010, Baggett left two voice-mails on Chap-man’s phone. That afternoon, Baggett took the bus to the corner of Kedzie Avenue and Ohio Street 2 to purchase heroin from Chapman. Once he arrived, Baggett met Chapman and several other people. Chapman instructed one of the individuals present to sell two grams of heroin to Baggett. However, Baggett replied that he needed four. Chapman asked: “You got money for four?” Baggett gave Chapman the money he had, at which point Chapman directed an individual present to give Baggett one gram of heroin. Chapman assured Baggett that the heroin was high quality and had “ten pills on it.” This referred to Dormin pills, which are used to cut stronger heroin in order to increase the quantity of the drug without significantly reducing its quality. Chapman also stated: “I’m [going to] have some new [heroin], you can put 20 [pills] on there. Just waiting to go back to the [supplier].” Following their initial meeting, Chapman obtained three additional grams of heroin for Baggett and delivered it to him that same day. The following morning, Chapman and Baggett spoke on the phone. During this conversation, Chapman-promised Baggett the heroin quality would only get better.
On July 30, 2010, Baggett called Chapman in order to purchase more heroin. They had several conversations, which culminated with them agreeing to meet the following morning. On July 31, 2010, Baggett called Chapman and told him that he wanted to purchase three grams of heroin. Chapman responded: “All right.” Chapman told Baggett to meet him at the corner of Sacramento Boulevard and Chicago Avenue. Bag-gett met Chapman at that location and offered him $240 for three grams of heroin. Chapman refused to sell for that low of a price, at which point Bag-gett paid him $300. Chapman gave him the three grams of heroin and assured Baggett that this heroin was stronger than the previous, since it could take “fifteen [Dormin] pills a gram.” The following day, Chapman and Baggett spoke over the phone and Chapman inquired whether Baggett was satisfied with the heroin. Baggett responded that he was and told Chapman to maintain that quality of heroin.
On August 17, 2010, Baggett spoke with Chapman over the phone and said that he wanted to purchase heroin and that he had $300 available. Baggett and Chapman agreed to meet at the corner *899 of Cicero Avenue and Augusta Boulevard. Baggett met with Chapman at the intersection and gave him $280 in exchange for three grams of heroin. Chapman assured Baggett that this heroin could also take fifteen Dormin pills. Chapman offered to obtain future amounts of heroin for Baggett for $80 per gram.
On October 1, 2010, Baggett called and left three messages on Chapman’s phone regarding purchasing more heroin. Eventually, the two spoke and Baggett told Chapman that he needed to purchase heroin that day. Chapman responded: “All right. I am going to be ready for you.” Later that day, Baggett spoke with Chapman again and informed him he was interested in purchasing seven grams of heroin for $700. The two men met on the corner of Kedzie Avenue and Ohio Street. When Baggett arrived, Chapman told him to get into another car driven by an individual acquainted with Chapman. Chapman stayed behind. The individual drove Baggett to a nearby residence, where the individual entered and retrieved seven grams of heroin for Baggett in exchange for $700.
On November 2, 2010, Baggett called Chapman and left two messages. That afternoon, he spoke with Chapman and said he was interested in purchasing two ounces of cocaine. A few hours later, Baggett met with Chapman in a parking lot at the intersection of Kedzie Avenue and Franklin Street. There were several other people in the parking lot as well. Chapman entered Baggett’s van and asked: “What you say you trying to get?” Baggett replied that he had $1,600 with which to purchase two ounces of crack cocaine. Chapman responded: “Come on, let’s roll.” Chapman then spoke to the other individuals present at the parking lot, and made several phone calls to determine whether anyone else was interested in purchasing cocaine or heroin that day. ■ Af-terwards, Baggett and Chapman drove to a residence to pick up the crack cocaine.

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Cite This Page — Counsel Stack

Bluebook (online)
804 F.3d 895, 2015 U.S. App. LEXIS 18749, 2015 WL 6522825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vernon-chapman-ca7-2015.