United States v. Booker Sewell
2015 U.S. App. LEXIS 4036
| 7th Cir. | 2015Background
- FBI investigated a multi-state drug-trafficking network (2010–2011) involving Booker T. Sewell and supplier Silvestre Castaneda; wiretaps and controlled buys produced coded communications and corroborating seizures.
- On March 31, 2011, an FBI agent filed a 65‑page affidavit and obtained a magistrate’s warrant to search seven homes, including a Sawmill Woods Court condo leased to Sewell’s wife where Sewell was believed to stay.
- Executing the warrant (April 13, 2011) officers found 110.9 g marijuana, cutting agents (lidocaine, inositol), scales, plastic wrap with cocaine residue, a drug ledger, ~$21,917 cash (including $19,900 in dishwasher safe), and a loaded .38 revolver under the bed; Sewell admitted to storing drugs, cash, and the gun in the home.
- A two‑count federal indictment charged Sewell with being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)) and maintaining a place for distributing controlled substances (21 U.S.C. § 856(a)(1)).
- A jury convicted on both counts; at sentencing the district court applied two enhancements (firearm-in-connection and 30–40 kg cocaine quantity), producing lengthy concurrent prison terms; the court also imposed supervised‑release conditions.
- On appeal Sewell challenged (1) probable cause for the warrant, (2) sufficiency of evidence for felon‑in‑possession, (3) the firearm enhancement, and (4) the drug‑quantity enhancement; the Seventh Circuit affirmed the convictions and enhancements but vacated supervised‑release conditions for reconsideration under recent precedent.
Issues
| Issue | Plaintiff's Argument (Sewell) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Probable cause for search warrant | Affidavit failed to show Sewell’s involvement in criminal activity or link to the residence; coded calls were neutral. | Affidavit plus wiretap recordings, corroborating seizures, in‑person meetings, and agent’s reasonable inferences provided a fair probability evidence would be at the condo. | Warrant supported by probable cause; magistrate’s finding sustained. |
| Sufficiency of evidence for felon in possession (§ 922(g)(1)) | No direct evidence anyone saw Sewell possess the gun; wife claimed ownership. | Gun was found under Sewell’s side of the bed and Sewell admitted its presence/use; constructive possession proven. | Evidence sufficient; conviction affirmed. |
| Firearm enhancement (U.S.S.G. § 4B1.4(b)(3)(A)) | Gun was for self‑defense, not connected to drug activity. | Loaded gun was readily accessible and found with drug ledgers, scales, cutting agents, and large cash — reasonably connected to drug enterprise. | Enhancement proper; applied because firearm served some purpose for the drug offense. |
| Drug‑quantity enhancement (U.S.S.G. § 2D1.1(c)(3)) | Castaneda’s statements and transaction counts support a lower quantity (5–15 kg); district court estimate is excessive. | District court reasonably credited hearsay testimony estimating 30–40 kg and corroborating indicia (repeated deals, ledger, cutting agents, cash). | Court’s 30–40 kg finding not clearly erroneous; enhancement affirmed. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (totality‑of‑circumstances standard for probable cause)
- Ornelas v. United States, 517 U.S. 690 (probable‑cause as practical, fact‑based determination)
- United States v. Siegel, 753 F.3d 705 (7th Cir. 2014) (vacatur of vague or inadequately justified supervised‑release conditions)
- United States v. LePage, 477 F.3d 485 (7th Cir. 2007) (guns found with drug‑dealers’ materials support inference of protection/emboldening of enterprise)
- United States v. Kelly, 772 F.3d 1072 (7th Cir. 2014) (inferences about where dealers keep evidence)
- United States v. Franklin, 896 F.2d 1063 (7th Cir. 1990) (firearms found in same residence as drugs support firearm‑related guideline enhancement)