United States v. Marvin Chapman
765 F.3d 720
7th Cir.2014Background
- Foggy Chicago night; officers see Chapman with a bag containing a rifle-like object and he flees into an abandoned duplex.
- Bag later found to contain heroin (distribution quantity) and an AR-15; Chapman detained after attempting to exit through a window.
- Chapman charged with possessing heroin with intent to distribute, possessing a firearm in furtherance of a drug-trafficking crime, and possessing a firearm as a felon; defense argued he did not possess the bag.
- Pretrial, government sought to admit specifics of Chapman’s 2006 heroin conviction under Rule 404(b) to prove knowledge/intent; Chapman offered to stipulate distribution quantity.
- The district court admitted the 404(b) specifics and cross-examined Chapman about prior felonies under Rule 609; defense sought rehabilitation testimony and Lewis’s testimony but faced constraints; Lewis invoked Fifth Amendment.
- Jury returned inconsistent verdict—guilty on the drug count, acquitted on gun charges; Chapman sentenced to 210 months; appeals followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of 404(b) evidence for knowledge/intent | Government | Chapman | Reversible error; remand for new trial. |
| Exclusion of rehabilitation testimony | Government | Chapman | Error to exclude rehabilitation; harmlessness moot due to retrial. |
| Compellability of Derrick Lewis’s testimony | Chapman | Lewis’s Fifth Amendment privilege applies; no compulsion | District court did not compel testimony; Fifth Amendment privilege upheld; retrial may reassess. |
Key Cases Cited
- United States v. Miller, 673 F.3d 688 (7th Cir. 2012) (reversible error for 404(b) usage to prove intent due to propensity inference)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (defendant may stipulate to evidence to avoid unfair prejudice)
- United States v. Mabrook, 301 F.3d 503 (7th Cir. 2002) (due process concerns in immunization/compulsory testimony context)
- United States v. Hooks, 848 F.2d 785 (7th Cir. 1988) (due process limits on prosecutors; compelled immunity considerations)
- United States v. Burke, 425 F.3d 400 (7th Cir. 2005) (due process constraints on immunity decisions)
- United States v. Herrera-Medina, 853 F.2d 564 (7th Cir. 1988) (discussion of immunity and due process)
- United States v. Vasquez, 635 F.3d 889 (7th Cir. 2011) (harmlessness and evidentiary error standards)
- United States v. Longstreet, 567 F.3d 911 (7th Cir. 2009) ( Fifth vs. Sixth Amendment privilege interaction)