United States v. Crippen
2010 U.S. App. LEXIS 25847
| 8th Cir. | 2010Background
- Crippen was convicted of conspiracy to manufacture methamphetamine (21 U.S.C. § 841(b)(1)(C)) and conspiracy to tamper with a witness (18 U.S.C. § 1512(b)(2)(A)).
- The conspiracy spanned late 2007 to early 2009, involving purchases of pseudoephedrine and other meth-related precursors.
- Crippen supplied pseudoephedrine pills to Co-Conspirators Conroy and Stibbs; evidence was found at Conroy's house in Oct 2008 and in a vehicle in Jan 2009.
- January 2009 traffic stop yielded a coffee filter with methamphetamine residue; officers thereafter seized drugs and precursors from Crippen’s person and the truck.
- Crippen was charged and later tried; while awaiting trial, Daniels cooperated with law enforcement against Crippen and Conroy.
- At sentencing, the district court adopted the PSR, found Crippen responsible for 62 boxes of pseudoephedrine, and applied a career-offender enhancement to reach an advisory range of 262–327 months, but imposed 180 months after varying below range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the January 2009 stop’s search was lawful | Crippen argues pat-down invalid; no armed-danger justification. | USA contends reasonable suspicion existed due to drug activity and Crippen’s prior involvement; search valid. | Pat-down valid; standing failure defeats truck search. |
| HIPAA logs and evidence admissibility | Logs are protected health information under HIPAA and should be excluded. | HIPAA disclosures via subpoena permitted under 45 C.F.R. § 164.512(f)(1)(ii)(A). | HIPAA logs admissible; disclosure proper under subpoena. |
| Admission of prior convictions under Rule 404(b) | Prior convictions improperly used to show propensity. | Four-factor Turner test applied; convictions relevant to knowledge/intent and not prejudicial. | Prior convictions admissible under Turner factors; limited by court’s instruction. |
| Sufficiency of evidence for conspiracy to manufacture and to tamper with a witness | Evidence including drugs, logs, recordings showed intent and participation. | Evidence insufficient for conspiracy; acquitted counts cannot be used for this purpose. | Sufficient evidence supported both conspiracy to manufacture methamphetamine and conspiracy to tamper with a witness. |
| Sentencing: career-offender status and drug-quantity calculations | 62 boxes equate to 62 grams; career-offender status appropriate. | Intervening arrests require separate counts; potential error in drug-quantity math from logs. | Crippen qualifies as a career offender; 34 base offense level applies; 262–327 month range affirmed for purposes of applying career-offender rule. |
Key Cases Cited
- United States v. Oliver, 550 F.3d 734 (8th Cir.2008) (pat-down requires reasonable suspicion of danger)
- United States v. Bustos-Torres, 396 F.3d 935 (8th Cir.2005) (drug transactions justify suspicion of danger)
- United States v. Kern, 12 F.3d 122 (8th Cir.1993) (four-factor admissibility test for Rule 404(b) evidence)
- United States v. Turner, 583 F.3d 1062 (8th Cir.2009) (four-factor test for admissibility of other acts)
- United States v. Litt lefield, 594 F.2d 682 (8th Cir.1979) (conspiracy is complete with overt acts; intent shown through statements)
- United States v. Civella, 648 F.2d 1167 (8th Cir.1981) (telephone conversations can constitute overt acts in furtherance of conspiracy)
- Brendlin v. California, 551 U.S. 249 (U.S.2007) (passenger seized during traffic stop; standing unrelated to search here)
- Miranda v. Arizona, 384 U.S. 436 (U.S.1966) (Miranda warnings standard referenced in suppression context)