472 F. App'x 382
6th Cir.2012Background
- Feagan convicted of conspiracy to distribute Cocaine (Count One) and conspiracy to launder money (Count Two); involved Sanchez Conspiracy led by Eloy Sanchez with Goff transporting drugs from Arizona to Tennessee/Alabama.
- Goff delivered multiple cocaine shipments to Feagan; surveillance and a planned controlled buy occurred but Feagan fled.
- Evidence tied to Sixth Street residence; warrants obtained in Alabama based on Goff’s cooperation and phone communications.
- Search of Sixth Street residence yielded substantial drugs, scales, multiple cell phones, and firearms.
- Defendant moved to suppress the Sixth Street search and challenged admission of Birmingham conspiracy evidence; venue challenged as improper in Tennessee.
- Trial included confession to Agent Melton and identification of multiple suppliers in Alabama; district court denied suppression and in limine challenges.
- Appellate court affirmed conviction, holding no reversible error on the challenged rulings.
- Venue analysis held Eastern District of Tennessee proper due to overt acts in that district by co-conspirators, despite Feagan never visiting Tennessee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Birmingham conspiracies were properly admitted under Rule 404(b) or as a variance. | Goff’s Birmingham acts were part of Feagan’s overall conspiracy. | Birmingham acts were a prejudicial variance that should be excluded. | Affirmed admission under Rule 404(b); no reversible variance impact. |
| Whether the Sixth Street search lacked probable cause or nexus. | Wiggley’s affidavit established nexus; probable cause to search Feagan’s home. | Affidavit lacked nexus between drug trafficking and Sixth Street residence. | Probable cause supported; suppression denied. |
| Whether venue in the Eastern District of Tennessee was proper. | Venue proper where conspiracy formed or overt acts occurred; Tennessee involved overt acts. | Feagan never acted in Tennessee; improper venue. | Venue proper in the Eastern District of Tennessee. |
Key Cases Cited
- United States v. Osborne, 545 F.3d 440 (6th Cir. 2008) (variance standard; de novo review of variance)
- United States v. Prince, 214 F.3d 740 (6th Cir. 2000) (variance, conspiracy)
- United States v. Swafford, 512 F.3d 833 (6th Cir. 2008) (variance review; de novo)
- United States v. Caver, 470 F.3d 220 (6th Cir. 2006) (causal prejudice in multiple conspiracies)
- Kotteakos v. United States, 328 U.S. 750 (1956) (multiple conspiracies; harmless error concept)
- Murphy v. United States, 241 F.3d 447 (6th Cir. 2001) (juror instructions; follow limiting instructions)
- Merriweather, 78 F.3d 1070 (6th Cir. 1996) (Rule 404(b) admissibility; limiting instructions; abuse of discretion review)
- United States v. Johnson, 27 F.3d 1186 (6th Cir. 1994) (prior acts to prove specific intent; Rule 404(b))
- United States v. Gunter, 551 F.3d 472 (6th Cir. 2009) (nexus to home for ongoing drug trafficking)
- United States v. Goward, 188 F. App’x 358 (6th Cir. 2006) (nexus to residence; credibility of affidavit)
- United States v. McPhearson, 469 F.3d 518 (6th Cir. 2006) (nexus case; distinguishing ongoing trafficking)
- United States v. Frazier, 423 F.3d 526 (6th Cir. 2005) (informant-based affidavits and drug dealer status)