United States v. Eric McCauley
2013 U.S. App. LEXIS 11363
| 8th Cir. | 2013Background
- McCauley’s 2007 arrest followed a stop of cooperating witness Grellner with ~50 pounds of marijuana in his vehicle.
- Warrants at McCauley’s residence and a stash house in Columbia, Missouri, yielded over 100 kilograms of marijuana and $10,000 cash.
- McCauley admitted past marijuana trafficking and that $10,000 cash was at his residence; he acknowledged marijuana at the other house but claimed it was not his.
- He suggested cooperation, indicating he could arrange a 200-pound marijuana transaction, but did not contact the agent and later surrendered.
- A 2008 controlled purchase of 6 ounces of marijuana from McCauley led to his bond revocation; police found 12 pounds of marijuana and McCauley was arrested after that event.
- In 2009 a fifth superseding indictment charged conspiracy to distribute and possess with intent to distribute 1,000 kilograms of marijuana and related offenses; McCauley stood trial in 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Single conspiracy vs. multiple conspiracies | McCauley urged multiple conspiracies existed | Government proof showed a single ongoing conspiracy | Sufficient evidence supports one conspiracy (no reversible error) |
| Exclusion of Rule 410 evidence | Rule 410 should exclude statements about cooperation | No plea discussions occurred pre-arrest; admissible under Rule 410 | Court did not abuse discretion; evidence admitted consistent with totality of circumstances |
| Reasonableness of sentence | 276 months is unreasonable given guidelines | Downward variance warranted by factors; within discretion | Sentence affirmed as substantively reasonable |
| Multiple-conspiracy jury instructions | Requests should have been given | Evidence supported single conspiracy; instruction not required | No reversible error; Davis standard applied |
Key Cases Cited
- Kotteakos v. United States, 329 U.S. 750 (1946) (harmless-error analysis not available where multiple conspiracies shown in massive trial)
- Slagg, 651 F.3d 832 (8th Cir. 2011) (one conspiracy may exist despite multiple groups and acts)
- Davis v. United States, 690 F.3d 912 (8th Cir. 2012) (failure to give multiple conspiracy instruction not reversible where evidence supports single conspiracy)
- Barth v. United States, 424 F.3d 752 (8th Cir. 2005) (spillover concerns and indictment notice in conspiracy cases)