United States v. James Milliner
2014 U.S. App. LEXIS 16521
| 8th Cir. | 2014Background
- DEA began investigating McRoberts for trafficking crack cocaine in 2010; confidential sources tied Milliner to the operation.
- Crack sales were channeled through Rogers, then Bradshaw, with Milliner allegedly coordinating or handling proceeds and remaining crack.
- Wiretap orders were obtained for telephone #1, later for telephone #4 after a number change, to capture communications related to the conspiracy.
- Milliner was observed on wiretaps and later admitted some involvement with money, crack, and packaging; police found a scale in his apartment.
- Milliner challenged suppression of wiretap evidence and argued the evidence was insufficient to prove conspiracy; the district court denied suppression and Milliner was convicted.
- The court affirmed the conviction, holding the wiretaps satisfied necessity and the evidence supported conspiracy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether wiretap evidence was properly admitted | Milliner argues lack of necessity under § 2518(1)(c)/(3)(c). | Milliner contends other techniques were enough or not too dangerous, making taps unnecessary. | Necessity satisfied; suppression denied; evidence admissible. |
| Whether the evidence was sufficient to prove Milliner joined a conspiracy | Milliner claims insufficient proof of knowing and intentional participation. | Government presented multiple witnesses and actions showing Milliner’s role and intent. | Sufficient evidence supported conspiracy conviction. |
Key Cases Cited
- United States v. West, 589 F.3d 936 (8th Cir. 2009) (necessity satisfied when extensive information exists but sources not yet uncovered)
- United States v. Jackson, 345 F.3d 638 (8th Cir. 2003) (necessity requires active measures likely to succeed; non-dangerous methods may be insufficient alone)
- United States v. Daly, 535 F.2d 434 (8th Cir. 1976) (wiretap prohibition where normal techniques are likely to succeed and not dangerous)
- United States v. Thompson, 690 F.3d 977 (8th Cir. 2012) (de novo review of suppression rulings with factual findings reviewed for clear error)
- United States v. Polk, 715 F.3d 238 (8th Cir. 2013) (conspiracy elements: agreement, knowledge, and intentional joining)