Criminal Law

Dist. Ct. did not err in sentencing defendant to 100-month term of incarceration on unlawful firearm possession charges based, in part, on finding that defendant was career offender under 4B1.1 of USSG. While defendant argued that his prior conviction for conspiracy to commit robbery was not qualifying crime of violence since said crime only concerned agreement to commit robbery, Ct. observed that crime of robbery was qualifying crime of violence under sentencing guidelines, and that, under sentencing guideline's application note, inchoate offense such as conspiracy also qualified as crime of violence where underlying offense was crime of violence. Ct. also rejected defendant's argument that guideline's application note was superceded by Begay, 553 US 137. (Dissent filed.)

Record contained sufficient evidence to support jury's guilty verdict on charge of conspiracy to possess and distribute cocaine, even though defendant argued that record showed at most only buyer-seller relationship. Record showed that sufficient relationship existed between defendant and his indirect drug supplier to establish conspiracy where defendant made attempt to save drug business of supplier by warning supplier's family of supplier's arrest so that they had opportunity to remove supplier's drugs from his home in effort to prevent their detection by police.

In prosecution on drug conspiracy and firearm charges, Dist. Ct. erred in admitting audio and video recordings between defendants and non-testifying third-party, which contained inculpatory statements by third-party concerning defendants' involvement in plan to rob drug stash house and to obtain firearm to assist in said robbery. While prosecutor was properly allowed to admit portions of recordings to give context to defendants' statements contained therein, other portions could only be offered for truth of matters asserted in said recordings, and thus violated defendants' confrontational rights. However, error was harmless where defendants' own statements established their participation in plan to rob stash house and to obtain gun to do so.

In prosecution on charge of maintaining place for manufacturing and distribution of marijuana, Dist. Ct. did not err in finding during Franks hearing that affidavit by police officer to support issuance of search warrant did not contain any materially false statements that would serve to suppress evidence found in defendant's home. Police received tip that defendant had marijuana growing operation in his home, and while affidavit contained slight misstatements about circumstances surrounding police discovery of marijuana stem in defendant's garbage, as well as existence of PVC piping outside defendant's home, Dist. Ct. could properly find that said misstatements did not demonstrate that police officer had reckless disregard for truth. Ct. further noted that even if certain colorable misstatements were stricken from affidavit, remaining portion of affidavit was sufficient to establish probable cause.

Dist. Ct. did not err in sentencing defendant to 46-month term of incarceration on charge of possession of firearm while being unlawful user of controlled substance where said sentence was based, in part, on imposition of 4-level enhancement under section 2K2.1(b)(6) of USSG for use of firearm in connection with another felony offense. Record showed that defendant fired handgun at another individual during dispute that arose during drug sale, and Dist. Ct. could properly reject defendant's claim that he fired handgun in self-defense since record showed that defendant was aggressor in dispute where defendant obtained handgun and went looking for other individual prior to exchange of gunfire.