United States v. Williams

640 F. App'x 492
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 4, 2016
DocketNo. 15-5080
StatusPublished
Cited by1 cases

This text of 640 F. App'x 492 (United States v. Williams) 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. Williams, 640 F. App'x 492 (6th Cir. 2016).

Opinion

CLAY, Circuit Judge.

Defendant Leonardo Williams appeals his conviction and sentence for two counts of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841. After .a three-day trial, the jury found Defendant guilty of the aforementioned offenses. The district eourt thereafter determined that Defendant qualified as a “career offender” under U.S.S.G. § 4B1.1 and sentenced him to a below-Guidelines term of 217 months’ imprisonment. On appeal, Defendant challenges (1) the district court’s denial of his motion to suppress allegedly mishandled evidence, (2) the sufficiency of the evidence supporting his convictions, and (3) the procedural reasonableness of his sentence. For the reasons set forth below, we AFFIRM the district court’s judgment in full.

BACKGROUND

Sometime in 2012, informant Darise Burroughs approached Special Agent Mark Chism of the West Tennessee Violent Crime and Drug Task Force. Burroughs asserted that he had recently visited Defendant’s residence and had seen Defendant sell cocaine. Burroughs also stated that he had seen an assault rifle in Defendant’s residence. Based on Burroughs’ tip, Agent Chism arranged for Burroughs to conduct two controlled buys with Defendant: the first on September 13, 2012; the second on September 18, 2012.

The controlled buys were nearly identical. Agent Chism would have Burroughs place a recorded call to Defendant to arrange a purchase of cocaine. Agent Chism would then provide Burroughs with buy money, which had been photocopied so it could later be identified as the money used in the transaction. Burroughs was also wired with a device that both recorded the transaction and allowed Agent Chism to monitor what was being said in real time. Agent Chism would then search both Burroughs and his vehicle before sending him to Defendant’s residence to make the purchase. Chism would follow Burroughs to the residence and listen through the wire while Burroughs entered the residence and conducted the transaction..

Testimony from both Burroughs and Chism, as well as the recordings .from the encounters, indicated that the controlled purchases went according to plan. During the first buy,. Defendant sold an “eight ball” — roughly three grams — of cocaine to Burroughs for $225. During the second buy, Defendant sold Burroughs 1.5 grams of cocaine for $95. Burroughs testified that during one of the controlled buys, it appeared that Defendant had retrieved the purchased quantity of cocaine from a larger bag behind a movable kitchen cabinet. Defendant then weighed out the cocaine on digital scales and packaged it in an individual plastic baggie.

On September 20, 2012, Agent Chism obtained and executed a search warrant for Defendant’s residence. A canine was brought in to assist in the search. Once inside Defendant’s residence, the canine alerted to, inter alia, a small moveable cabinet in the kitchen. After the canine search, Agent Chism assigned other agents to search specific rooms, to cata-logue evidence, and to take pictures of any evidence located. Chism assigned Special Agent desliga to act as evidence custodian; it was Ciesliga’s job to inventory any evidence recovered.

Investigators recovered and inventoried the following evidence from Defendant’s home: (1) a white plastic shopping bag containing another bag of white powdery substance, found behind the movable kiteh[494]*494en cabinet; (2) several baggies located throughout the residence containing either cocaine or a cocaine/MDMA mixture; (3) three digital scales found in a kitchen, drawer; (4) a handgun found underneath a chest of drawers in Defendant’s bedroom; and (5) a total of $727 in cash found in the bedroom. Neither the photocopied money used during the controlled purchases nor the assault rifle reported by Burroughs was found during the search.

Agent Ciesliga took the evidence found at Defendant’s residence to the Drug Task Force Office for overnight storage, and he transported the evidence to the Memphis Police Department (“MPD”) Evidence Room the following day. At some point prior to trial, Agent Chism took the evidence to the Tennessee Bureau of Investigation (“TBI”) laboratory for analysis. Once there, forensic scientist Brock Sain tested the substances found in Defendant’s residence. According to Sain, the bag taken from behind the movable kitchen cabinet tested negative for controlled substances. However, the other substances found in Defendant’s residence tested positive. Sain’s tests revealed that a total of 19.62 grams of cocaine, 2.61 grams of MDMA, and 0.96 grams of a cocaine/MDMA mixture were recovered from Defendant’s residence. After testing was complete, the evidence was taken back to the MPD Evidence Room for storage.

In October 2013, Agent Chism learned that the bag of powdery substance found behind the cabinet in Defendant’s kitchen tested negative for cocaine. Chism was taken aback, because he remembered that the substance in the bag had looked and smelled like cocaine, and that the canine had alerted to it during the search of Defendant’s residence. ■ Chism called TBI to verify the report he had received. He then called a Major Borgers at the MPD Evidence Room and requested a visit to see the evidence again for himself. Agents Chism and Ciesliga traveled to the Evidence Room and met with Borgers and one of Borgers’ supervisors. Together, the four of them broke the seal on the evidence envelope containing the substance found behind the cabinet. Borgers then conducted a “Scott Reagent Field Test” on the substance, which came back negative for the presence of cocaine.

Agent Chism later testified that no paperwork or report was generated by the MPD Evidence Room regarding this visit. Chism asserted that this was probably because paperwork is typically generated only when evidence is removed from the MPD Evidence Room, and thus no report was generated because the bag of substance was never removed from the room. Agent Ciesliga likewise testified that he was unaware of any reports regarding the visit and testing that day.

The government first indicted Defendant on March 28, 2013. After a series of revisions to the indictment, the government filed a final, five-count indictment against Defendant on December 12, 2013. Counts One and Two alleged, that on September 13 and September 18, 2012 (the dates of the controlled purchases), Defendant possessed with intent to distribute, and did distribute, cocaine in violation of 21 U.S.C. § 841(a)(1). Counts Three, Four, and Five alleged crimes committed on September 20, 2012 (the day Defendant’s residence was searched). Count Three charged Defendant with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Count Four charged defendant with possession, with intent to distribute, 19 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). Count Five charged defendant with possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c).

[495]*495.On August 29, 2013, Defendant filed a Motion to Suppress the Evidence recovered during the search of-his home; the motion was referred to a magistrate judge.

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640 F. App'x 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-williams-ca6-2016.