United States v. Eric Garvey
2012 U.S. App. LEXIS 16435
| 7th Cir. | 2012Background
- Garvey was convicted of four counts of distributing methamphetamine based on controlled-buy evidence and lab testing results.
- Nied, a supervisory analyst, testified about Schleis’s lab results instead of Schleis, who performed the tests and was not called.
- Schleis’s test results were not otherwise introduced; Nied explained reliance on others’ testing and reviewed Schleis’s data.
- Garvey did not object at trial to Nied’s substitution or to Nied’s reading of Schleis’s report.
- The government introduced taped conversations and surveillance alongside lab evidence showing methamphetamine was sold in four controlled buys.
- The district court sentenced Garvey to 42 months’ imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause plain error from Nied’s testimony | Garvey argues violation | Government argues Turner controls; no error | No plain error; no prejudice shown |
| Whether any error was harmless given overwhelming evidence | Weight of substance essential to verdict | Evidence overwhelming regardless | Harmless error; substantial rights not affected |
| Whether Nied’s reading of Schleis’s weight data affected the verdict | Weight data not charged; prejudicial | Not necessary to verdict; quantity not found by jury | Not prejudicial; not affecting outcome |
Key Cases Cited
- Turner v. United States, 591 F.3d 928 (7th Cir. 2010) (Confrontation issues under similar lab-test testimony)
- Williams v. Illinois, 132 S. Ct. 2221 (2012) (Confrontation Clause considerations; noted division among justices)
- United States v. Irby, 558 F.3d 651 (7th Cir. 2009) (Plain-error review; substantial rights standard)
- United States v. Marcus, 130 S. Ct. 2159 (2010) (Prejudice standard for plain error; probability of affecting trial outcome)
- United States v. McGee, 612 F.3d 627 (7th Cir. 2010) (Prejudice assessment in plain-error review)
- United States v. Taylor, 471 F.3d 832 (7th Cir. 2006) (Quantity findings and Confrontation Clause implications)
- Puckett v. United States, 556 U.S. 129 (2010) (Plain-error framework; ultimate relief discretion)
- Olano v. United States, 507 U.S. 725 (1993) (Plain-error review framework)
- Sykes v. United States, 614 F.3d 303 (7th Cir. 2010) (Guidance on remedy for plain-error)