494 F. App'x 240
3d Cir.2012Background
- Crews was convicted in WD Pa for possession with intent to distribute 50+ grams of crack and received 188 months' imprisonment plus supervised release.
- Baugh legally cooperated with police, making a controlled crack purchase from Crews on Aug. 30, 2006.
- Probation interview on Aug. 31, 2006 revealed Crews used drugs and had over $400 cash and two cell phones; a home search followed with consent.
- Search of Crews’s home uncovered crack, a bulletproof vest, scale, baggies, a handgun, and an “owe sheet,” leading to further charges.
- Federal indictment followed on Dec. 5, 2006; trial occurred in 2007–2009 with multiple witnesses and letters tying items to Crews.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy Trial Act timing | Crews: detention beyond 30 days violated Act | Crews: state arrest did not trigger §3161(b) | No Speedy Trial Act violation; clock not triggered by state arrest; no ruse exception shown. |
| 70-day trial period timing | Crews: delay beyond 70 days improper | Delays excludable due to defense motions and continuances | No violation; delays properly excludable under §3161(h) and related caselaw. |
| Admissibility of August 31 search evidence | Crews: search tainted; coerced consent; no probable cause | Probation search permitted with reasonable suspicion of violation | Proper; probation search allowed; evidence admitted. |
| Evidence about serial-number matching; 404(b) and best evidence | Serires numbers are probative; issues with best evidence | Testimony about matching serials intrinsic to crime; not 404(b) | Admissible; intrinsic evidence; not barred by best evidence rule or Rule 404(b). |
| Career offender determination and sentencing under FSA | Career offender designation based on prior conviction; Fierce penalties | FSA reduced penalties; district court properly applied changes | Career offender designation upheld; any pre/post-FSA error harmless; sentence sustained. |
Key Cases Cited
- United States v. Mills, 964 F.2d 1186 (D.C. Cir. 1992) (Speedy Trial Act clock starts at federal detention; state arrest not triggering trigger)
- United States v. Dyer, 325 F.3d 464 (3d Cir. 2003) (Absence of “ruse” exception not required here)
- United States v. Knights, 534 U.S. 112 (2001) (Probation search based on reasonable suspicion, not probable cause)
- United States v. Becker, 534 F.3d 952 (8th Cir. 2008) (Drug testing evidence admissible with proper foundation)
- United States v. Cross, 308 F.3d 308 (3d Cir. 2002) (Evidence intrinsic to the charged offense is not Rule 404(b) evidence)
- Tourscher v. McCullough, 184 F.3d 236 (3d Cir. 1999) (Affirmative standard for affirming on alternative grounds)
- United States v. DeMuro, 677 F.3d 550 (3d Cir. 2012) (Plain-error review for unraised Brady issues)
- Langford, 516 F.3d 205 (3d Cir. 2008) (Sentencing guideline departures and harmless error)