United States v. Daryl Warren
788 F.3d 805
| 8th Cir. | 2015Background
- Undercover ATF sting (Operation Gideon) used a fictitious cocaine stash house scenario in St. Louis; ATF agent Richard Zayas posed as a disgruntled cocaine courier.
- Daryl Warren met Zayas after introductions by Robert Washington and Michael Twitty; Warren immediately volunteered he could "handle the robbery," asked detailed questions, and coordinated logistics (trap car, entry order, a fourth participant).
- ATF arrested Warren, Twitty, and Washington at the planned meeting; officers recovered a loaded semiautomatic pistol, an assault rifle, gloves, bandana, and knives from Warren’s vehicle.
- A jury convicted Warren of (1) conspiracy to possess with intent to distribute cocaine (21 U.S.C. §§ 841(a)(1), 846), (2) possession of a firearm in furtherance of a drug-trafficking conspiracy (18 U.S.C. § 924(c)), and (3) being a felon in possession of a firearm (18 U.S.C. §§ 922(g)(1), 924(a)(2)).
- The district court admitted Warren’s prior drug and firearm convictions under Fed. R. Evid. 404(b); denied Batson challenges to two peremptory strikes; instructed the jury on entrapment; and sentenced Warren to 211 months plus five years supervised release based on a conspiracy quantity of over 15 kg.
- Warren appealed, contesting entrapment, outrageous government conduct, admission of 404(b) evidence, Batson rulings, and the amount-of-drugs/sentencing calculation. The Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument (Warren) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Entrapment (trial) | Government induced an unready participant; insufficient proof of lack of inducement/predisposition | ATF provided only an opportunity; Warren was predisposed (immediate agreement, prior convictions, active orchestration) | Affirmed conviction; evidence supports that government did not induce and Warren was predisposed |
| Outrageous Government Conduct | Fictitious stash-house sting was so extreme it violated Due Process and warranted dismissal | Defense waived by failure to move pretrial; no good cause to excuse waiver | Claim waived for failure to raise Rule 12(b)(3) motion; court declines to reach merits |
| Admission of Prior Convictions (Fed. R. Evid. 404(b)) | Prior convictions too remote and unduly prejudicial | Prior drug convictions similar to charged offense, relevant to knowledge/intent; limited by jury instruction | No abuse of discretion; convictions admissible, limiting instruction mitigated prejudice |
| Batson challenge to peremptory strikes | Strikes of two Black jurors were racially motivated; silence is not a race-neutral reason | Jurors 5 & 21 were silent during voir dire; silence/passivity is a race-neutral, demeanor-based reason | Denial of Batson challenge affirmed; district court’s credibility finding not clearly erroneous |
| Sentencing entrapment / drug-quantity | Government induced dealing in large quantity; Warren lacked intent/ability for 15+ kg | Warren expressly agreed they could "unload" 20+ kg; prior history shows capability and intent | No clear error; district court properly based sentence on conspiracy to distribute over 15 kg |
Key Cases Cited
- Mathews v. United States, 485 U.S. 58 (entrapment requires inducement and lack of predisposition)
- Bugh v. United States, 701 F.3d 888 (8th Cir. 2012) (government inducement vs. opportunity distinction)
- Williams v. United States, 720 F.3d 674 (8th Cir. 2013) (predisposition as principal element of entrapment)
- Myers v. United States, 575 F.3d 801 (8th Cir. 2009) (indicia of predisposition; prior convictions weigh in)
- United States v. Young, 753 F.3d 757 (8th Cir. 2014) (standard for admitting 404(b) evidence)
- United States v. Yielding, 657 F.3d 688 (8th Cir. 2011) (remoteness of prior convictions and admissibility)
- United States v. Ellison, 616 F.3d 829 (8th Cir. 2010) (Batson framework and deference to district court credibility findings)