439 F. App'x 501
6th Cir.2011Background
- FBI began investigating Bennett in July 2007 for possible drug trafficking activity.
- A confidential informant, Nolan, conducted a controlled buy arranged by Agent Nocera using $500 and a recording device.
- Nolan met Bennett at his mother’s house; Bennett sold half an ounce of crack cocaine to Nolan in a Cadillac.
- Agents followed Nolan, confirmed the drug purchase, and obtained a positive field test for cocaine.
- A subsequent arrest uncovered a Glock pistol, 35.6 grams of crack, cash, and drug paraphernalia in the car and Bennett’s person.
- Bennett was indicted on numerous drug-trafficking and firearms offenses; he moved to suppress the evidence, which the district court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of arrest and vehicle search | Bennett: arrest/search unlawful due to lack of probable cause | United States: probable cause supported by Nolan’s reliability and corroborating evidence | No error; search incident to arrest valid under established standards |
| Prosecutor’s trial conduct | Bennett: opening statement misled jury | United States: single inadvertent comment; harmless given evidence | Meritless; misconduct not flagrantly improper; harmless error |
| Sufficiency of evidence for conviction | Bennett: insufficient evidence for all counts | United States: evidence supported conspiracy, distribution/possession, and firearms charges | Rational juror could convict on all charged counts |
Key Cases Cited
- United States v. Oliver, 397 F.3d 369 (6th Cir. 2005) (review of factual findings and conclusions of law on suppression appeal)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances probable-cause standard)
- Ahlers v. Schebil, 188 F.3d 365 (6th Cir. 1999) (reliability of informants; probable cause assessment)
- United States v. McClain, 444 F.3d 556 (6th Cir. 2005) (probable cause and searches based on credible informants)
- United States v. Wettstain, 618 F.3d 577 (6th Cir. 2010) (standard for reviewing prosecutorial-misconduct claims; harmless error potential)
- United States v. Francis, 170 F.3d 546 (6th Cir. 1999) (misconduct threshold for reversal; harmless error if overwhelming evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review: rational trier of fact could find elements beyond reasonable doubt)
- United States v. Brown, 332 F.3d 363 (6th Cir. 2003) (establishing conspiracy through multiple witnesses)