United States v. Miles Musgraves
2016 U.S. App. LEXIS 13690
| 7th Cir. | 2016Background
- In 2012–2013 Alton, Illinois police investigated Miles “Lou” Musgraves based on tips from confidential informant Thomas Tisdale and a local, Kenneth Boner; controlled buys and observations tied Musgraves to drug sales to Romell Stevens.
- Police obtained a search warrant for Musgraves’s home in July 2013 based on two affidavits (Brantley recounting a 2012 controlled buy by Tisdale; Boner describing recent observations). The July search yielded ammunition (no firearms or drugs).
- Musgraves, a convicted felon, was indicted on five federal counts: maintaining a drug-involved premises (Count 1), conspiracy to distribute cocaine (Count 2), possession of ammunition as a felon (Count 3), felon in possession of a firearm (Count 4), and distribution of cocaine near a school / on or about Nov. 17, 2013 (Count 5).
- Musgraves moved to suppress evidence from the July 2013 search; the district court denied suppression. He later was tried and convicted on all five counts and sentenced as a career offender.
- On appeal the Seventh Circuit affirmed denial of the suppression motion (Count 3 stands), reversed Counts 2, 4, and 5 for insufficient evidence, and affirmed the career-offender determination; the case was remanded for resentencing on the remaining convictions (Counts 1 and 3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for July 2013 search warrant | Police/Prosecution: affidavits (Tisdale controlled buy and Boner’s recent identification) together established probable cause | Musgraves: affidavits omitted informant credibility/staleness rendered warrant deficient | Affirmed: Boner’s recent, in‑person affidavit provided sufficient probable cause despite omissions about Tisdale’s credibility |
| Whether omitted informant credibility required Franks hearing | Musgraves: omission of Tisdale’s criminal history was material and required Franks hearing | Government: omitted info did not undermine probable cause because Boner’s affidavit and video corroboration cured defects | Denied as unnecessary; no intentional falsehoods and Boner’s affidavit salvaged probable cause |
| Sufficiency of evidence for conspiracy to distribute cocaine (Count 2) | Government: buyer–seller relationship plus facts (guns as collateral, trust, screening customers) showed conspiracy | Musgraves: evidence shows only ordinary buyer–seller transactions, not agreement to further distribution | Reversed: evidence insufficient to prove an agreement beyond ordinary buyer–seller sales (no fronting, commissions, or shared distribution plan) |
| Sufficiency of evidence for felon-in-possession and distribution on Nov. 17, 2013 (Counts 4 & 5) | Government: Musgraves framed Jesse Smith by planting gun and cocaine; 911 calls and position of gun support possession/planting | Musgraves: framing theory speculative; no direct link placing him with the gun/cocaine on charged date | Reversed: evidence too speculative to prove actual or constructive possession on or about charged date; nexus to Nov. 17 insufficient |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (probable cause is based on totality of the circumstances)
- United States v. Glover, 755 F.3d 811 (7th Cir. 2014) (informant credibility information is crucial to warrant affidavits)
- United States v. Pulgar, 789 F.3d 807 (7th Cir. 2015) (elements and proof needed for drug conspiracy convictions)
- United States v. Johnson, 655 F.3d 594 (7th Cir. 2011) (factors for evaluating informant-sourced probable cause)
- United States v. Ross, 412 F.3d 771 (7th Cir. 2005) (limits on variance for "on or about" dates in possession cases)
- United States v. Hicks, 650 F.3d 1058 (7th Cir. 2011) (issuing judge’s practical, common-sense probable cause decision)
- United States v. Bloch, 718 F.3d 638 (7th Cir. 2013) (standard for sufficiency-of-evidence review)
- United States v. Sutton, 742 F.3d 770 (7th Cir. 2014) (significance of informant appearing before magistrate)