United States v. Neadeau
2011 U.S. App. LEXIS 7056
| 8th Cir. | 2011Background
- Neadeau was convicted by jury of conspiring to distribute more than 50g crack cocaine and more than 500g powder cocaine; prior felony drug conviction increased the mandatory minimum from 10 to 20 years under 21 U.S.C. § 841(b)(1)(A).
- The district court sentenced Neadeau to the 20-year minimum.
- Sagataw, Neadeau’s wife and co-defendant, testified at his detention hearing and was later reluctant to testify at trial.
- The government admitted Sagataw’s detention-hearing testimony as a prior inconsistent statement, arguing it fell outside hearsay or was admissible as non-hearsay.
- One of Sagataw’s statements (that Neadeau asked her to leave before police arrived) was admitted for its truth, which the district court abused, though other parts were not offered for their truth.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the detention-hearing testimony admissible as evidence? | Neadeau contends the admission was improper. | Sagataw’s statements were non-hearsay or not properly admitted as prior inconsistent statements. | Harmless error; admissible background evidence; one statement admitted for truth caused abuse but was harmless. |
| Does the mandatory twenty-year sentence violate the Eighth Amendment or retroactivity of the Fair Sentencing Act? | The FSA reduces crack/powder disparity; 20-year minimum may be cruel and unusual as applied. | FSA is not retroactive; mandatory minimums remain permissible; sentence within statutory range does not violate Eighth Amendment. | No reversible error; sentence sustained; FSA not retroactive for this case; mandatory minimums constitutional. |
Key Cases Cited
- United States v. Bercier, 506 F.3d 625 (8th Cir.2007) (affirms affirming on any basis supported by the record)
- United States v. Mitchell, 31 F.3d 628 (8th Cir.1994) (harmless error standard in evidentiary review)
- United States v. Prior, 107 F.3d 654 (8th Cir.1997) (de novo review of sentencing questions; retroactivity considerations)
- United States v. Spires, 628 F.3d 1049 (8th Cir.2011) (Fair Sentencing Act retroactivity analysis)
- United States v. Brewer, 624 F.3d 900 (8th Cir.2010) (retroactivity of FSA and sentencing standards)
- United States v. Collins, 340 F.3d 672 (8th Cir.2003) (mandatory minimum penalties do not violate Eighth Amendment)
- United States v. Baker, 415 F.3d 880 (8th Cir.2005) (upheld 20-year mandatory minimum for crack cocaine conspiracy with prior felony)