107 F.4th 817
8th Cir.2024Background
- Mark Whitworth was convicted by a jury of conspiring to distribute and possessing with intent to distribute methamphetamine.
- Law enforcement executed a search warrant at Whitworth’s residence and found drugs, drug distribution paraphernalia, firearms, cash, and incriminating text messages.
- A co-conspirator, Russell Walker, testified against Whitworth, describing Whitworth’s leadership in the operation.
- The district court imposed a 235-month prison sentence at the low end of the guideline range.
- On appeal, Whitworth challenged (1) the exclusion of a potential juror, (2) admission of prejudicial testimony by an officer, and (3) a sentence enhancement for playing a supervisory role.
Issues
| Issue | Whitworth’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Striking Potential Juror | Improper to strike juror based on judge’s personal relationship; no actual bias shown | District court has discretion to evaluate potential conflicts | No prejudice shown; decision affirmed |
| Admission of Officer’s Testimony | Officer’s statement implied a prior felony, was unfairly prejudicial | Evidence was relevant; any prejudice curable by instruction | Whitworth waived curative instruction; substantial evidence supports verdict |
| Denial of Mistrial Request | Only a mistrial could cure the prejudice caused by officer’s statement | Curative instruction sufficient; strong evidence of guilt | Waiver by refusing curative instruction; substantial evidence supports verdict |
| Two-Level Aggravated Role Enhancement | Insufficient evidence that Whitworth managed/supervised anyone | Evidence showed Whitworth supervised Walker in drug sales | Enhancement appropriate; district court did not err |
Key Cases Cited
- United States v. Ganter, 3 F.4th 1002 (8th Cir. 2021) (district court has broad discretion to strike jurors for cause)
- United States v. Elliott, 89 F.3d 1360 (8th Cir. 1996) (district court is best positioned to assess juror demeanor)
- United States v. Boyd, 180 F.3d 967 (8th Cir. 1999) (gun proximity to drugs is probative of intent to distribute)
- United States v. House, 923 F.3d 512 (8th Cir. 2019) (§ 3B1.1 enhancement applies if supervising even one participant)