United States v. Spires
2011 U.S. App. LEXIS 576
| 8th Cir. | 2011Background
- CI Williams cooperates to perform a controlled crack purchase from Spires; purchase leads to arrest.
- Police execute a search of Spires's apartment finding 189 grams of crack, scales, bags, razor blades, cash, IDs, multiple phones, and two loaded handguns.
- Evidence shows Spires operated a large-scale crack distribution in Davenport, with multiple associates testifying to sales and distribution networks.
- The government introduced call records and chart summaries linking Spires and Taylor to others; Proehl testified about phone-mediated communications.
- Spires was convicted on possession with intent to distribute and conspiracy; acquitted on two firearm charges; sentenced to life imprisonment under 21 U.S.C. § 841(b)(1)(A) based on prior felonies.
- Spires appeals alleging evidentiary and instructional errors and challenges to the life sentence; the panel affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Proehl's summary charts | Charts relied on speculative assumptions about calls. | Charts fairly summarize voluminous evidence and are cross-examined. | Harmless error; no substantial influence on verdict. |
| Cooperating witness instruction | Deserves a cautionary tail to advise care with cooperating testimony. | Corroboration by other witnesses made cautionary instruction unnecessary. | No abuse of discretion; instruction proper. |
| Reasonable doubt instruction 3.11 | Phrases like hesitating to act and possibility of innocence are problematic. | These phrases are upheld by circuit precedent and appropriate. | Instruction upheld; not an abuse. |
| Crack cocaine definition instruction | Should define crack cocaine with technical description. | Synonymous with cocaine base per circuit precedent; no need for expanded definition. | District court did not abuse; Saddler precedent applied. |
| Eighth Amendment: life sentence | Mandatory life term for prior felonies is cruel and unusual. | Life sentence constitutional given offense scale and criminal history. | Life sentence does not violate the Eighth Amendment. |
Key Cases Cited
- United States v. Hyles, 479 F.3d 958 (8th Cir. 2007) (harmlessness review for evidentiary errors)
- United States v. Boesen, 541 F.3d 838 (8th Cir. 2008) (Rule 1006 charts admissibility criteria)
- United States v. Lewis, 759 F.2d 1316 (8th Cir. 1985) (summaries may include assumptions if supported by record)
- United States v. McCraney, 612 F.3d 1057 (8th Cir. 2010) (reasonable doubt instructional language upheld)
- United States v. Cruz-Zuniga, 571 F.3d 721 (8th Cir. 2009) (reasonable doubt instruction language upheld)
- United States v. Delpit, 94 F.3d 1134 (8th Cir. 1996) (instruction on reasonable doubt similar to challenged language)
- United States v. Saddler, 538 F.3d 879 (8th Cir. 2008) (crack cocaine and cocaine base are synonymous per precedent)
- United States v. Scott, 610 F.3d 1009 (8th Cir. 2010) (Eighth Amendment challenges to life sentences reviewed de novo)
- United States v. Brewer, 624 F.3d 900 (8th Cir. 2010) (Fair Sentencing Act not retroactive for pending cases)