United States v. York

165 F. Supp. 3d 267, 2015 U.S. Dist. LEXIS 142599, 2015 WL 6181404
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 20, 2015
DocketCRIMINAL NO. 14-323-22
StatusPublished
Cited by2 cases

This text of 165 F. Supp. 3d 267 (United States v. York) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. York, 165 F. Supp. 3d 267, 2015 U.S. Dist. LEXIS 142599, 2015 WL 6181404 (E.D. Pa. 2015).

Opinion

MEMORANDUM ORDER

Gerald Austin McHugh, United States District Court Judge

This 20th day of October, 2015, it is ORDERED that Defendant York’s Motion to Preclude Evidence is DENIED as it pertains to evidence of the possession of the firearm, and DENIED AS MOOT as it pertains to evidence of the alleged robbery, for the reasons that follow.

I. Introduction

Defendant Kareem York filed this Motion in Limine to preclude the Government from introducing certain evidence of his prior acts at trial, including: evidence that he possessed a firearm on December 20, 2012, and evidence that he robbed a confidential source on November 16, 2012 while the confidential source was attempting to buy drugs.

II. Possession of Firearm

Count One of the Second Superseding Indictment, which alleges York and other Defendants participated in a conspiracy to knowingly and intentionally distribute controlled substances in violation of 21 U.S.C. § 846, lists 259 overt acts committed in furtherance of the alleged conspiracy. SecT ond Superseding Indictment at 10-41. Overt Act 6 alleges that “[o]n or about December 20, 2012,” Defendants Waali Shepherd and Kareem York possessed three specific firearms, including an Intra-tec Tec-9 handgun. Second Superseding Indictment at 12. The Government now indicates that it intends to prove this fact by introducing evidence that York pleaded guilty to unlawful possession of a firearm. Government’s Mem. in Resp. to Mot. at 1. While York concedes that he was, in fact, arrested on December 20, 2012 for possessing an Intratec Tec-9 handgun and [269]*269pleaded guilty to that charge, he nonetheless seeks to preclude introduction of this evidence on several grounds. Def.’s Mem. in Supp. of Mot. at 1-2.

First, York argues that his possession of a firearm on a specific date is irrelevant to proving the elements of the conspiracy charge and is therefore inadmissible under Federal Rule of Evidence 401. Def.’s Mem. in Supp. of Mot. at 1-2. The relevancy of evidence depends on whether “it has any tendency to make a fact more or less probable than it would be without the evidence.” Fed. R. Evid. 401. York notes he was not observed “engaged in any illegal drug activity” at the time the firearm was recovered. Def. Mot. in Li-mine at ¶ 5. However, “[i]t has long been recognized that firearms are relevant evidence in the prosecution of drug-related offenses, because guns are tools of the drug trade.” United States v. Russell, 134 F.3d 171, 183 (3d Cir.1998) (citations omitted); see also United States v. Adams, 759 F.2d 1099, 1109 (3d Cir.1985) (evidence of guns seized “had probative value as evidence of the large scale of the conspiracy and the type of protection the conspirators felt they needed to protect their operation.”). Although possession of a firearm on one occasion may not, in itself, be sufficient to prove the existence of or participation in a conspiracy, an item of evidence need only add some probative value to the chain of inferences to be relevant; one of the proverbs of the law of evidence is that “[a] brick is not a wall.” Fed. R. Evid. 401 advisory committee’s note to 1972 proposed rules (citation omitted). It might be that the ultimate weight to be given to this evidence depends on the completion of that chain of inferences, but the Government should have the opportunity to present such additional evidence to the jury at trial, with the corresponding burden to link it to the conspiracy charge.

York also argues that this evidence is being offered as “evidence of prior criminal acts which has no purpose except to infer a propensity or disposition to commit crime,” and is therefore inadmissible according to Federal Rule of Evidence 404(b). Def.’s Mem. in Supp. of Mot. at 2 (citing United States v. McGlory, 968 F.2d 309, 338 (3d Cir.1992)). Rule 404(b) precludes evidence of a prior criminal act if offered “to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.” Within the Third Circuit, this rule has traditionally been labeled “inclu-sionary” and “a general rule of admissibility.” See, e.g., United States v. Long, 574 F.2d 761, 765-66 (3d Cir.1978); United States v. Green, 617 F.3d 233, 244 (3d Cir.2010). More recently, two panels in the Third Circuit have described 404(b) as “a. rule of general exclusion” which “directs that evidence of prior bad acts be excluded — unless the proponent can demonstrate that the evidence is admissible for a non-propensity purpose.” United States v. Caldwell, 760 F.3d 267, 276 (3d Cir.2014); see also United States v. Brown, 765 F.3d 278, 291 (3d Cir.2014). From the perspective of a district court, proper application of the Rule is more important than how it is labeled. Regardless of whether Rule 404(b) is one of “inclusion” or “exclusion,” it is clear to me that it is a rule of precision, requiring a proponent to articulate a specific, non-prohibited purpose for the evidence, which in practical terms, means a purpose other than propensity. See United States v. Davis, 726 F.3d 434, 442 (3d Cir.2013).

Before performing a Rule 404(b) analysis, however, I must determine whether the acts in question are “extrinsic” or “intrinsic” to the charged offense. If the proffered evidence relates to acts that do not form the basis for the current pros[270]*270ecution, such acts are considered “extrinsic” to the charged offense, and a Rule 404(b) analysis is required. Green, 617 F.3d at 245. However, if the evidence either (1) “directly proves the charged offense,” or (2) relates to an act “performed contemporaneously with the charged crime” that “facilitated the commission of the charged crime,” then such an act is “intrinsic” to the charged offense, and a Rule 404(b) analysis is unnecessary. Id at 249. See also Davis, 726 F.3d at 441 n.5 (citing Green, 617 F.3d at 248-49) (“Rule 404(b) excludes only extrinsic evidence.... It does not exclude intrinsic evidence.”).

The Government argues that this evidence fits into the first category of intrinsic evidence and goes toward “directly proving] the existence of the charged conspiracy.” Government’s Mem. in Resp. to Mot. at 3. I agree.

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Bluebook (online)
165 F. Supp. 3d 267, 2015 U.S. Dist. LEXIS 142599, 2015 WL 6181404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-york-paed-2015.