United States v. Tanner
2010 U.S. App. LEXIS 25805
| 7th Cir. | 2010Background
- Tanner was a high-level cocaine dealer implicated in a multi-state conspiracy to distribute large quantities of cocaine.
- Solis and Moore cooperated with the government, leading to a controlled sale in which 15 kilograms of cocaine were simulated for a sting.
- Tanner confessed to agents after arrest, identifying suppliers and detailing drug transactions over several years.
- Evidence at trial included co-conspirator testimony, recording of planned drug deals, and Tanner’s own confession; Tanner did not testify.
- Evidence included alleged firearms possession and gang affiliation; the government offered other specific gun-related and gang-related testimony.
- Tanner was convicted on conspiracy and possession with intent to distribute; he was sentenced to life imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial closing remarks and Fifth Amendment | Tanner asserts closing exceeded bounds and impermissibly commented on silence. | Government contends remarks rebut defense arguments; no direct comment on silence. | No plain error; remarks did not implicate right to remain silent. |
| Admission of firearm evidence | Firearm evidence was irrelevant or unduly prejudicial as prior bad acts. | Firearms were tools of the trade; probative and admissible in context. | Evidence generally admissible; one set of New Year’s Eve gun testimony excluded but harmless. |
| Gang affiliation and 404(b) evidence | Renegades affiliation and related testimony were prejudicial bad-acts evidence. | Gang evidence relevant to conspiracy and intent; not 404(b) improper. | Admissible; not error to admit gang evidence. |
| Ostrich instruction | District court erred by giving an ostrich instruction implying knowledge without sufficient basis. | Instruction was requested by government; could be harmless given record. | Instruction given in error but harmless. |
| Sears instruction and limiting instructions | Should have given Sears instruction regarding informants and limiting instructions under Rule 404(b). | No plain-error that limiting instructions were necessary; Sears not plainly required. | No plain error; Sears instruction not plainly necessary; limiting instructions not required. |
| Sentencing calculations and reasonableness | Procedural errors in calculating guideline range; life sentence unreasonable. | No procedural error; life sentence reasonable given scope of conspiracy. | No reversible error; life sentence affirmed. |
Key Cases Cited
- Griffin v. California, 380 U.S. 609 (Supreme Court 1965) (prohibition on comment on the right to testify)
- Cheska, 202 F.3d 947 (7th Cir. 2000) (plain-error standard for prosecutorial misconduct in closing)
- Mietus, 237 F.3d 866 (7th Cir. 2001) (comment on unrebutted evidence not error when third-party witnesses exist)
- DiCaro, 852 F.2d 259 (7th Cir. 1988) (limits on considering evidence for guilt vs. sentencing)
- Carrillo, 435 F.3d 767 (7th Cir. 2006) (ostrict instruction considerations related to knowledge)