United States v. Johnson
2012 U.S. App. LEXIS 10468
| 7th Cir. | 2012Background
- Johnson was convicted of possession with intent to distribute 50 grams or more of crack cocaine and possession of a firearm by a convicted felon; 300-month sentence imposed.
- Evidence at West Vliet Street residence included crack cocaine, marijuana, ecstasy, a scale, a firearm, and about $20,000-$19,940 cash.
- Initial suppression motion (Miranda) was denied; case 09-CR-83 proceeded; Judge Stadtmueller recused; later case 10-CR-121 proceeded with new indictment and trial.
- During trial, the government sought and the court gave an aiding-and-abetting instruction based on Johnson’s testimony about Simon’s drug activity at the residence.
- At sentencing, Judge Randa applied a 3C1.1 obstruction-of-justice enhancement and a career-offender designation based on Johnson’s prior convictions; Johnson appeals on multiple grounds.
- The Seventh Circuit ultimately affirms Johnson’s conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was plain error | Johnson argues Miranda violation; suppression denial | Government contends not in custody; not interrogation | No plain error; denial affirmed |
| Whether the district judge should have recused sua sponte | Stadtmueller failed to recuse in second case | Recusal not appeal-viable; discretionary | Waived; no plain error sufficient |
| Whether the aiding-and-abetting instruction was proper | Insufficient evidence of aiding and abetting | Evidence showed Johnson knew of drug activity and assisted Simon | Not an abuse of discretion; instruction upheld |
| Whether obstruction-of-justice enhancement applied | Perjury and inconsistent post-arrest statements | No clear perjury findings; inconsistent statements not perjury | Enhancement affirmed; findings sufficient |
| Whether Johnson is a career offender | Prior convictions qualify as crimes of violence | Contends one conviction not a crime of violence | Career offender designation sustained |
Key Cases Cited
- United States v. Ambrose, 668 F.3d 943 (7th Cir. 2012) ( Miranda safeguards apply to custory and interrogation)
- United States v. Snodgrass, 635 F.3d 324 (7th Cir. 2011) ( custody analysis under Miranda)
- Rhode Island v. Innis, 446 U.S. 291 (1980) ( interrogation definition and purpose of Miranda)
- Seibert v. United States, 542 U.S. 600 (2004) ( two-step interrogation defenses discussed)
- United States v. Lee, 618 F.3d 667 (7th Cir. 2010) ( menentukan Seibert-test applicability)
- United States v. Curtis, 645 F.3d 937 (7th Cir. 2011) ( crime-of-violence analysis for aggravated discharge)