United States v. Miller
2012 U.S. App. LEXIS 5091
| 7th Cir. | 2012Background
- April 2008 police obtained a search warrant based on an informant tip and raided a home where Miller and others stayed.
- Pistols and crack cocaine were found; cocaine located near Miller's personal effects in his claimed room.
- Miller was charged with possessing crack cocaine with intent to distribute (§841), possessing a firearm in furtherance of a drug crime (§924(c)), and being a felon in possession of firearms (§922(g)(1]).
- Jury convicted on all charges except charges altered by 404(b) rulings; Miller challenged evidence and suppression.
- District court denied suppression; admitted evidence under Rule 404(b) and discussed prior convictions; appellate court reviews good-faith exception and Rule 404(b) handling de novo.
- Court remanded for new trial on drug charges and new sentencing on felon-in-possession charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause and good faith warrant exception | Miller argues warrant lacked probable cause. | State relied on bare informant tips; warrant invalid. | Good faith exception applied; suppression denied. |
| Admissibility of prior possession evidence of the same pistol | Evidence was improper 404(b) propensity use. | Evidence was circumstantial and probative of the charged crime. | Admissible as circumstantial evidence of the charged crime; 404(b) not violated. |
| Admission of Miller's 2000 drug conviction to prove intent to distribute | Conviction shows intent to distribute drugs in 2008. | Details of prior conviction are impermissible propensity evidence; not needed to prove felon status. | Reversed on two drug-related charges; 404(b) abuse; felon-in-possession affirmed but remanded for resentencing; new trial ordered on the drug charges. |
Key Cases Cited
- United States v. Peck, 317 F.3d 754 (7th Cir. 2003) (informant lacking corroboration but relied upon by issuing judge; good faith analysis)
- United States v. Garcia, 528 F.3d 481 (7th Cir. 2008) (informant inside home; evaluating reliability with deference to judge)
- Beasley, 809 F.2d 1273 (7th Cir. 1987) (balancing probative value against unfair prejudice under 404(b))
- Hicks, 635 F.3d 1063 (7th Cir. 2011) (intent at issue in specific-crime cases; cautions on automatic use of prior convictions)
- Gorman, 613 F.3d 711 (7th Cir. 2010) (disfavored 'inextricable intertwinement' doctrine; need case-specific 404(b) analysis)
- United States v. Jones, 455 F.3d 800 (7th Cir. 2006) (balance probative value and unfair prejudice for 404(b) evidence)
- United States v. Beasley, 809 F.2d 1273 (7th Cir. 1987) (caution against overbroad 404(b) exceptions; need case-by-case analysis)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (felon status evidence; nature of prior conviction not always necessary)
- Kotteakos v. United States, 328 U.S. 750 (1946) (harmless-error review; consider overall impact on jury)