United States v. Demetrius Colbert, 2016 U.S. App. LEXIS 12570

Background

FBI-led Operation Delta Blues used wiretaps, cooperating witnesses, pen registers, and surveillance to investigate Colbert as a large-scale cocaine distributor in Arkansas; over 7,000 calls were intercepted from a target phone, ~710 linked to criminal activity.
October 11, 2011: a 12-member FBI SWAT team executed a daytime-authorized search warrant at Colbert’s Hillcrest Street residence at 4:00 a.m.; officers knocked and announced "FBI, warrant," then breached the door; occupants fired from inside; agents returned fire and secured the scene.
Search recovered $423,313 cash, cocaine residue, digital scales, jewelry, a .40-caliber handgun, and vehicles; Colbert was indicted on drug-conspiracy and communications counts and on multiple firearm-related counts (including assaulting a federal officer and discharging a firearm in furtherance of drug trafficking).
Colbert moved to suppress wiretap and search evidence, to sever firearm counts, and to admit testimony from a co-defendant (Thompson) about a different no‑knock entry; motions were denied, and at trial Colbert presented no evidence and was convicted on all counts.
PSR attributed 200 kg cocaine and 21 kg crack to Colbert; applied leadership and other enhancements yielding an advisory life sentence plus a consecutive 10 years; district court imposed life plus 10 years; Colbert appealed.

Issues

Issue	Colbert's Argument	Government's Argument	Held
Wiretap necessity under 18 U.S.C. § 2518(1)(c)	Wiretap application relied on boilerplate and was unnecessary because other techniques weren’t exhausted	Affidavit showed prior surveillances, controlled‑buy attempts, pen register, and explained why traditional methods were insufficient	Affirmed: affidavit satisfied necessity; district court’s finding not clearly erroneous (wiretap properly authorized)
Search-warrant probable cause and staleness	Affidavit lacked nexus between Hillcrest house and money‑laundering; information was stale	Intercepts, witness statements, observed renovations, ownership indicators, cars, and ongoing activity supplied a reasonable nexus and timeliness	Affirmed: probable cause and no staleness; suppression denied
Exclusion of Thompson’s testimony (relevance to self‑defense)	Thompson’s testimony about his no‑knock entry would show Colbert reasonably believed he faced an intruder	Facts and tactics at Thompson’s execution differed materially from Colbert’s (no knock, lights, announcements), so testimony was irrelevant	Affirmed: exclusion was not an abuse of discretion (testimony irrelevant)
Joinder/severance, sufficiency of evidence for assault, and sentencing challenges	Counts should be severed; insufficient proof Colbert intended to shoot an agent; Guidelines calculations and leadership enhancement were erroneous; life sentence disproportionate	Firearm offenses arose from same transaction and evidence would be admissible in separate trials; evidence showed Colbert fired knowing agents were present; recorded calls and co‑conspirator testimony support drug‑quantity and leader role; sentence within §3553(a) analysis	Affirmed on all fronts: joinder proper and severance denial not prejudicial; sufficient evidence to reject self‑defense; district court did not clearly err on drug quantity or leader enhancement; sentence reasonable and not cruel and unusual

Key Cases Cited

United States v. Thompson, 210 F.3d 855 (8th Cir. 2000) (wiretap necessity standard and review)
United States v. Macklin, 902 F.2d 1320 (8th Cir. 1990) (necessity does not require exhaustion of all techniques)
United States v. Kahn, 415 U.S. 143 (1974) (necessity prevents routine use of wiretaps when traditional techniques suffice)
United States v. Tellez, 217 F.3d 547 (8th Cir. 2000) (nexus requirement between place and contraband for probable cause)
United States v. Brewer, 588 F.3d 1165 (8th Cir. 2009) (staleness factors for warrants)
Gall v. United States, 552 U.S. 38 (2007) (procedural and substantive reasonableness review of sentencing)