996 F.3d 514
8th Cir.2021Background
- Adams, an internet entrepreneur who ran State Snaps, sought the doitforstate.com domain and trademark after a viral phrase “Do It For State.”
- After unsuccessful negotiations, Adams recruited his cousin Sherman Hopkins Jr. (a violent felon), provided a taser and a demand note, and directed Hopkins to force domain transfer from owner Ethan.
- Hopkins entered Ethan’s home, tased and beat him, threatened him with a firearm, and during a struggle the firearm discharged, shooting Ethan in the leg; Adams’s palm print was found on the demand note and Adams contacted GoDaddy shortly after.
- Adams was indicted for conspiracy to interfere with commerce by threats and violence (18 U.S.C. § 1951); at trial the Government used a peremptory strike on the only Black venireperson (Batson objection), and the district court admitted testimony from promoter Miller about a video allegedly urging followers to message Miller.
- A jury convicted Adams; the district court applied guideline increases for firearm discharge, serious bodily injury, and threats, sentenced him to 168 months, and ordered payment of prosecution costs and $22,000 in reimbursement for court-appointed counsel.
- On appeal Adams challenged the Batson ruling, admission of Miller’s testimony, the taxing of certain costs (including grand-jury witness costs and a witness who did not testify), the attorney-fee reimbursement amount, and guideline calculations; the court affirmed all aspects except it reversed taxing costs for grand-jury witnesses.
Issues
| Issue | Adams' Argument | Government's Argument | Held |
|---|---|---|---|
| Batson challenge to peremptory strike of lone Black venireperson | Strike was discriminatory; district court erred/failed to complete step three and apply Miller-El standards | Strike was race-neutral (prior marijuana conviction, unemployed, lived with parents, jury-service issue); not pretextual | Court affirmed: reasons were race-neutral and not shown to be pretextual; no plain-error in not making more detailed Miller-El findings |
| Admission of Miller’s testimony (alleged hearsay) | Testimony about Adams’s video/messages was hearsay and prejudicial | Even if error, testimony concerned collateral matter and was harmless given overwhelming proof of conspiracy | Admission (if erroneous) was harmless; conviction stands |
| Taxing of prosecution costs (grand-jury witness fees; K.G. who did not testify) | Grand-jury witness costs are not taxable; K.G.’s costs also not taxable because she did not testify | Costs for witnesses (including K.G.) were properly taxed | Reverse taxing of grand-jury witness costs (they are investigative, not taxable); affirm taxing costs for K.G. (her testimony was material and became unnecessary due to parties’ actions) |
| Court-appointed attorney fee reimbursement ($22,000) | Reimbursement cap exists under 18 U.S.C. § 3006A(d)(2) limiting amounts | § 3006A(c)/(f) allow courts to order reimbursement by nonindigent defendants beyond the subsection (d) caps | Affirmed: statute permits ordering a nonindigent defendant to reimburse costs beyond (d)(2) caps |
| Sentencing guideline increases (firearm discharge, serious bodily injury, threat enhancement) | Firearm discharge not foreseeable; gunshot not "serious bodily injury"; threat increase double-counts | Discharge was foreseeable given Adams’s orchestration and Hopkins’s history; gunshot required medical intervention; threat increase addresses distinct harm | Affirmed: firearm discharge reasonably foreseeable; gunshot constituted serious bodily injury; no impermissible double-counting for the threat enhancement |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (three-step framework for evaluating race-based peremptory strikes)
- Miller-El v. Cockrell, 537 U.S. 322 (factors a court may consider at Batson step three, including demeanor and reasonableness)
- Flowers v. Mississippi, 139 S. Ct. 2228 (standard that a strike motivated "in substantial part by discriminatory intent" violates Equal Protection)
- Edwards v. Roper, 688 F.3d 449 (denial of Batson objection constitutes a finding at step three)
- United States v. Flores, 73 F.3d 826 (foreseeability and benefit from co-conspirator conduct inform sentencing attribution)
- United States v. Lefkowitz, 125 F.3d 608 (district court may order reimbursement of defense costs under § 3006A(f))
- Spiritwood Grain Co. v. N. Pac. Ry. Co., 179 F.2d 338 (presumption that fees for witnesses who appear and do not testify are not taxable unless testimony was material or rendered unnecessary)
- United States v. Love, 521 F.3d 1007 (harmless-error standard for evidentiary rulings)
- United States v. Bryant, 913 F.3d 783 (double-counting principles in sentencing guideline application)