United States v. Bagby
2012 U.S. App. LEXIS 21674
10th Cir.2012Background
- Bagby was indicted on drug distribution and felon-in-possession charges; he waived counsel and proceeded pro se with standby counsel.
- Police investigated a residence tied to Bagby, found cocaine base in a garage; evidence included statements by Bagby and money and drugs later found in his room.
- Second search weeks later recovered ammunition in Bagby’s room and additional items linking Bagby to drug activity; Bagby was convicted on the drug charge and acquitted on the ammunition charge.
- The government sought an enhancement under 21 U.S.C. § 851 based on prior drug felonies; an enhancement information mirrored prior convictions listed in the indictment.
- Bagby challenged several evidentiary and procedural aspects, including reading an unredacted indictment to the jury and admission of a penitentiary pack.
- The district court imposed a life sentence under § 851 due to the prior felonies; Bagby appealed challenging multiple rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of constructive-possession evidence | Bagby argues insufficient nexus to the drugs in the garage. | Bagby contends no access or control link to the garage drugs. | Sufficient nexus and control shown; constructive possession proven. |
| Reading unredacted indictment to the jury | Reading unredacted indictment prejudiced the jury against Bagby. | No prejudice; overwhelmed by evidence; not reversible error. | Harmless/nonprejudicial; no reversal. |
| Admission of penitentiary pack (prior convictions) | Pack contained extraneous information; prejudicial to drug charge. | Admission was harmless; no plain error given strength of drug evidence. | Not plain error; harmless. |
| Severance/joinder of drug and ammunition counts | Joinder improper due to different locations and time. | Joinder appropriate under Rule 8(a); even if improper, not plain error. | Joinder proper; even if error, not plain or reversible. |
| § 851 enhancement sufficiency and harmlessness | Government must prove prior felonies beyond reasonable doubt; district court complied. | Noncompliance with colloquy about challenges to prior convictions. | Evidence supported prior-felony findings; any error harmless. |
Key Cases Cited
- United States v. Irving, 665 F.3d 1184 (10th Cir. 2011) (sufficiency review standard)
- United States v. Vigil, 523 F.3d 1258 (10th Cir. 2008) (reasonable-inference review)
- United States v. Acosta-Gallardo, 656 F.3d 1109 (10th Cir. 2011) (credibility and inference in jury verdicts)
- United States v. Ramirez, 479 F.3d 1229 (10th Cir. 2007) (constructive possession standard)
- King v. United States, 632 F.3d 646 (10th Cir. 2011) (joint occupancy nexus standard)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (evidence of prior conviction; admissibility limit)
- Wacker v. United States, 72 F.3d 1453 (10th Cir. 1995) (preclusion of extraneous conviction information when stipulation offered)
- Cordery v. United States, 656 F.3d 1103 (10th Cir. 2011) (harmless-error standard for § 851 issues)
- Gonzalez-Lerma v. United States, 71 F.3d 1537 (10th Cir. 1995) (harmless-error in § 851 colloquy when challenges futile)
- Hill, 142 F.3d 305 (6th Cir. 1998) (harmless-error in § 851 compliance)