United States v. Freddie Wallace
2013 U.S. App. LEXIS 8377
8th Cir.2013Background
- Wallace was convicted by a jury of production of child pornography (18 U.S.C. § 2251(a)) and possession of child pornography (18 U.S.C. § 2252(a)(4)(B)).
- The district court sentenced Wallace to 265 months for production and 120 months concurrent for possession.
- A confidential informant alleged Wallace’s sexual misconduct with an infant and possession of a videotape; later a videotape and location of additional material were identified.
- Police obtained a search warrant, seized a maroon suitcase with explicit material, and interviewed M.J., who identified Wallace as filming and touching her.
- Wallace wrote a confession after waiving Miranda rights; Berber, a former cellmate, testified at trial; Wallace challenged the confession, the videotape, and Berber’s testimony.
- Wallace also argued the evidence was insufficient to support the production conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of confession | Wallace claims coercion and improper pressure. | Wallace asserts lack of intelligent waiver and coercive tactics. | Confession voluntary; district court findings upheld. |
| Validity of search warrant | Informant’s tips, with corroboration, established probable cause. | Probable cause lacking for warrant based on informant reliability. | Probable cause supported; videotape seizure admissible. |
| Admissibility of Berber’s testimony | Berber unreliable as informant; admission should be excluded. | Berber credibility a jury issue; possible plain error. | No plain error; testimony admissible and harmless given other evidence. |
| Sufficiency of evidence for §2251(a) production | Evidence showed creation of a video with intent to produce; interstate commerce involvement. | Challenging dates, travel, and production intent. | Sufficient evidence to sustain conviction under §2251(a). |
Key Cases Cited
- United States v. Bay, 662 F.3d 1033 (8th Cir. 2011) (standard for affirming suppression rulings; substantial evidence review)
- United States v. Boslau, 632 F.3d 422 (8th Cir. 2011) (totality-of-the-circumstances and voluntariness of confession)
- United States v. Vega, 676 F.3d 708 (8th Cir. 2012) (factors for evaluating voluntariness and interrogation conduct)
- United States v. Carothers, 337 F.3d 1017 (8th Cir. 2003) (credibility determinations are virtually unreviewable on appeal)
- United States v. Williams, 10 F.3d 590 (8th Cir. 1993) (reliability of informant corroboration in probable cause)