United States v. Doe
741 F.3d 217
| 1st Cir. | 2013Background
- DEA agent Buchanan went undercover in Portland, Maine, to investigate crack distribution and Campbell used aliases including Tony and Rashide Campbell.
- Buchanan previously obtained what he believed to be cocaine base from Campbell in prior meetings, using a false identity as Josh.
- In August 2011, Buchanan arranged a large crack purchase and ultimately paid $1,400 for crack believed to be 6.9 grams, delivered by Campbell at a Portland location.
- Campbell's identity was contested; an initial indictment used aliases, and a John Doe superseding indictment identified Campbell as Rashide Campbell a/k/a Tony a/k/a Theotis Leonard.
- The John Doe Indictment was read at jury selection, later redacted for trial, and the jury was instructed to consider only trial evidence; Campbell was referred to as Rashide Campbell or Tony at trial.
- Campbell was convicted of distributing cocaine base on or about August 22, 2011 and sentenced to 20 years, the statutory maximum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allowing alias evidence and John Doe indictment | Campbell argues alias use prejudiced the jury and that the John Doe Indictment should have been dismissed. | Government asserts aliases were necessary for identity; John Doe Indictment proper given live identity issue. | No reversible error; aliases admissible for identity; no prejudice from trial use. |
| Admission of prior bad acts evidence | Prior uncharged drug deals were probative of propensity and unfairly prejudicial. | Prior sales supplied context and showed knowledge, intent, and identity related to the charged act. | Abuse of discretion not shown; evidence had special relevance and probative value outweighed prejudicial effects. |
| Alleyne/Apprendi impact on sentencing | Alleyne requires jury finding of any fact increasing penalties, including drug quantity. | Alleyne does not apply because maximum remains twenty years and judge’s findings within range are permissible. | Alleyne imperfectly applied; no resentencing required; judicial factfinding within statutory range permissible. |
| Judicial factfinding on drug quantity and enhancements | Findings based on unreliable testimony and raised sentence beyond maximum. | Court used reliable PSR and live testimony; enhancements supported by credible evidence. | Findings upheld; enhancements and quantity supported; sentence within statutory maximum. |
Key Cases Cited
- United States v. Candelaria-Silva, 166 F.3d 19 (1st Cir. 1999) (alias evidence permissible when relevant to identity)
- United States v. McFarlane, 491 F.3d 53 (1st Cir. 2007) (indictment may include aliases; evidence admissible for identity)
- United States v. Rodríguez-Berríos, 573 F.3d 55 (1st Cir. 2009) (special relevance of 404(b) evidence beyond propensity)
- United States v. Manning, 79 F.3d 212 (1st Cir. 1996) (magnitude of prior narcotics evidence to prove knowledge/intent)
- United States v. D'Alora, 585 F.2d 16 (1st Cir. 1978) (prior conduct admissible to complete the story of the crime)
- United States v. Mills, 710 F.3d 5 (1st Cir. 2013) (drug quantities at sentencing may use preponderance standard)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (facts increasing any part of sentencing range must be found by jury)