United States v. Vernon Joy

192 F.3d 761, 52 Fed. R. Serv. 1536, 1999 U.S. App. LEXIS 23680, 1999 WL 767346
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 28, 1999
Docket98-4034
StatusPublished
Cited by89 cases

This text of 192 F.3d 761 (United States v. Vernon Joy) 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 Joy, 192 F.3d 761, 52 Fed. R. Serv. 1536, 1999 U.S. App. LEXIS 23680, 1999 WL 767346 (7th Cir. 1999).

Opinion

MANION, Circuit Judge.

A jury convicted Vernon Joy of being a felon in possession of a firearm. He challenges three rulings made by the district court in the course of his trial: the court’s admission of a recording of a 911 call; the admission of testimony that Joy used the firearm in question in a burglary of a house; and the district court’s denial of his motion for a mistrial based on prosecutorial vouching. Joy also contends that the district court erred in its calculation of his criminal history for purposes of sentencing. Finding no error, we affirm.

I.

Vernon Joy’s (“Joy”) friend Paul Ortiz entered a plea agreement with the government and testified against Joy at his trial. Ortiz related that on the evening of August 6, 1997, Joy came to Ortiz’s house in Elgin, Illinois. Joy appeared very anxious and told Ortiz that because Joy’s friend did not show up, Ortiz had to go with him. When Ortiz refused, Joy became angry and stated that he had a gun and was not playing games. He then made a gesture indicating that he had a gun and implying that Ortiz had better comply with his demand. As it turned out, Joy wanted Ortiz’s help in burglarizing a home in the neighborhood. While Ortiz was acting as a lookout, Joy emerged from the house carrying a pillowcase full of loot. After the pah-walked back to Ortiz’s house, Joy demanded that Ortiz drive him to the house that Joy shared with his brother, Paul Joy.

Later, Vernon Joy’s girlfriend arrived at the Joy residence. When she proceeded to walk through the house Paul Joy stopped her and started yelling at her. Vernon Joy then got into the altercation and it soon escalated to a point where he retrieved a handgun from his room and started threatening his brother. Paul Joy ran upstairs and called the 911 dispatcher, who repeatedly called Paul Joy back after he hung up. At the trial, the jury listened to a recording of the conversations and transcripts were given to the individual jurors. 1

*765 Paul Joy: hello
Dispatch: this is Elgin 911
Paul Joy: yeah, get me the po—
Dispatch: you keep calling and hanging up
Paul Joy: yeah, get me the police at 454 Fremont right now
Dispatch: what’s wrong?
Paul Joy: right now
Dispatch: hello
Paul Joy: gun, gun play. Right now
Dispatch: what is going on? .
Paul Joy: get me the police here now
Dispatch: sir (hangup)

Dispatch calls 289-2258

Paul Joy: yeah
Dispatch: this is the Elgin Police
Paul Joy: yeah, get me the police here right away
Dispatch: O.K., we’re goin’ to 454 Fremont
Paul Joy: yeah
Dispatch: what’s wrong over there?
Paul Joy: what’s wrong?
Dispatch: what’s wrong?
Paul Joy: you’ll see when you get here
Dispatch: no, I need to know what’s wrong sir
Paul Joy: Well we got people pullin’ guns and everything else

(shouting in background)

Dispatch: you got people, well I need to know that
Paul Joy: they’re pullin’ guns and burglaries everything
Dispatch: who’s pullin’ guns?
Paul Joy: Vernon Joy
Dispatch: Vernon Joy
Paul Joy: get here right away (hangup)
Paul Joy: hello
Dispatch: hi, it’s the Elgin Police
Paul Joy: yeah
Dispatch: we’re on the way. Who’s got the gun?
Paul Joy: Vernon Joy
Dispatch: Vernon’s got the gun? What kind of gun does he got?
Paul Joy: a .25 automatic
Dispatch: .25 automatic
Paul Joy: and he just pulled some burglaries tonight
Dispatch: where’s he at now?
Paul Joy: he out here in the yard
Dispatch: he in the yard. Is he white or black?
Paul Joy: he puttin’ it in a black Riviera, he’s pullin off. He’s with a white guy-

[911 Trans.]

Realizing that Paul Joy was calling the police, Ortiz ran to his car. Vernon Joy followed him with the gun and the loot while yelling “Get me out of here. Paul’s calling the cops.” Ortiz had driven the car out of the driveway and up the street when the Elgin police intercepted him. Elgin police officer John Slocum testified that after he stopped Ortiz’s car he observed Vernon Joy exiting the vehicle. Slocum instructed Joy to put his hands in the air, and noticed that he was holding a small handgun. Joy disregarded Slocum’s instructions and fled on foot with the gun. Slocum chased him through several yards and a vacant lot where he saw Joy throw the gun. He continued to pursue Joy and eventually subdued him after a brief struggle. Slocum and other officers then proceeded to look for the gun in the area where Joy had thrown it. With the help of a canine, the officers retrieved a loaded Jennings .25 caliber, semi-automatic pistol from the lot. Slocum identified it as look *766 ing similar to the gun that he had seen Joy carrying, and it was of the same caliber as the gun Paul Joy told the dispatcher that his brother was holding. The jury eventually convicted Vernon Joy of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Because Joy had an extensive criminal history, he was sentenced to 210 months of imprisonment and 3 years of supervised release.

II.

A. Excited Utterances

Joy first argues that the district court erred in admitting the tape and transcripts of the 911 call because they contained hearsay.

We review the district court’s evidentiary decisions for an abuse of discretion. United, States v. Bradley, 145 F.3d 889, 892 (7th Cir.1998). Hearsay is “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Fed.R.Evid. 801(c). Under Fed.R.Evid.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

K.C. v. County of Alameda
N.D. California, 2024
United States v. Alexander Kawleski
108 F.4th 592 (Seventh Circuit, 2024)
Ronald Brantley v. State
Court of Appeals of Georgia, 2024
John Doe I v. Exxon Mobil Corp
District of Columbia, 2022
Black v. Akins
E.D. California, 2022
Blackmon v. State
306 Ga. 90 (Supreme Court of Georgia, 2019)
Johnson v. Amazon.com LLC
N.D. Illinois, 2019
Woods v. Amazon.com LLC
N.D. Illinois, 2019
United States v. Deleon
287 F. Supp. 3d 1187 (D. New Mexico, 2018)
Evans v. U.S. Department of the Interior
135 F. Supp. 3d 799 (N.D. Indiana, 2015)
United States v. Darrius Hayden
612 F. App'x 381 (Seventh Circuit, 2015)
Leon v. FedEx Ground Package System, Inc.
218 F. Supp. 3d 1267 (D. New Mexico, 2015)
Ani-Deng v. Jeffboat, LLC
777 F.3d 452 (Seventh Circuit, 2015)
United States v. F. Whittemore
776 F.3d 1074 (Ninth Circuit, 2015)
State of Iowa v. Patrick Michael Dudley
856 N.W.2d 668 (Supreme Court of Iowa, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
192 F.3d 761, 52 Fed. R. Serv. 1536, 1999 U.S. App. LEXIS 23680, 1999 WL 767346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vernon-joy-ca7-1999.