United States v. Bert MacArthur Johnson
2012 U.S. App. LEXIS 15744
| 8th Cir. | 2012Background
- Investigators received drug distribution information on Johnson in Williston, ND, starting in 2006.
- A February 24, 2010 search of Johnson’s Williston property yielded about three pounds of methamphetamine, cash, and assets.
- The drugs supported count one (possession with intent to distribute); cash and drugs were logged at the state crime lab.
- Magrum testified Johnson supplied him with methamphetamine totaling well over 500 grams for distribution.
- Focke analyzed the drugs; the lab report was certified as a true copy by lab supervisor Jacobson; Johnson challenged chain of custody and methods.
- Johnson testified that others placed the drugs on his property and that he acted as a middleman, not a distributor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juror bias requires reversal | Johnson argues Juror S.R. was biased. | Johnson contends bias violated impartial jury requirement. | Waived on direct appeal by failure to object; no reversal. |
| Sufficiency of evidence for distribution of 500+ grams | Magrum’s testimony and Johnson’s admissions show distribution. | Circumstantial weight insufficient to prove 500+ grams. | Sufficient evidence; total amount credible (Magrum estimate >900 g). |
| Confrontation Clause and lab witnesses | Failure to call Schneider/Jacobson violated confrontation rights. | Certification and notations not testimonial; chain of custody adequate. | Plain error not shown; no new trial needed. |
Key Cases Cited
- United States v. Olano, 507 U.S. 725 (1993) (waiver when defendant fails to object may bar direct appeal challenge)
- Batsell v. United States, 217 F.2d 257 (8th Cir. 1954) (failure to object at empanelment may constitute waiver of juror challenge)
- United States v. Mann, 685 F.3d 714 (8th Cir. 2012) (plain error review may apply to unpreserved voir dire issues)
- Sanders v. Norris, 529 F.3d 787 (8th Cir. 2008) (waiver/standard of review in voir dire challenges debated)
- United States v. Rodriguez, 484 F.3d 1006 (8th Cir. 2007) (Confrontation Clause not triggered by chain-of-custody notations)