United States v. Vann
776 F.3d 746
10th Cir.2015Background
- Vann convicted in New Mexico on Amtrak for possession with intent to distribute PCP and codeine.
- DEA Agent Small boarded the train, obtained consent to search, and found a gift box with narcotics.
- Vann admitted drug dealing; claimed he shipped PCP to LA and did not know PCP was in the box.
- A magistrate issued a warrant to search the gift box; narcotics were discovered and Vann was interrogated.
- At sentencing, Vann waived counsel and proceeded pro se; district court sentenced him to 15 years.
- On appeal, Vann challenges Batson juror strike, expert testimony, closing arguments, and sentencing waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge on racial discrimination | Vann argues district court erred rejecting Batson claim. | Vann’s Batson challenge was properly evaluated with race-neutral reasons. | District court did not err; reasons race-neutral and credible. |
| Admission of expert testimony | Small’s expert PCP testimony was unreliable and prejudicial. | Testimony reliable; Daubert/Kumho applied properly. | Expert testimony properly admitted; no abuse of discretion. |
| Prosecutorial misconduct in closing | Closing misstate/distort evidence; plain error seisin. | Any errors were not plain, and curative instructions applied. | No plain-error reversible impact; statements did not affect substantial rights. |
| Waiver of counsel at sentencing | Faretta waiver not knowingly intelligent without thorough inquiry. | Prior Faretta inquiry sufficient; later inquiry unnecessary. | Waiver valid; no error in knowingly intelligent waiver. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (racially motivated peremptory strikes violate equal protection)
- Johnson v. California, 545 U.S. 162 (U.S. 2005) (burden-shifting framework for Batson challenges)
- Rice v. Collins, 546 U.S. 333 (U.S. 2006) (second-step requires nonracial but credible reasons)
- Purkett v. Elem, 514 U.S. 765 (U.S. 1995) (reason for strike need not be plausible)
- Snyder v. Louisiana, 552 U.S. 472 (U.S. 2008) (consider all evidence bearing on racial animus)
- Miller-El v. Dretke, 545 U.S. 231 (U.S. 2005) (weighs plausibility of nonracial reasons)
- United States v. Castorena-Jaime, 285 F.3d 916 (10th Cir. 2002) (Batson step three analysis contextualized)
- Saiz v. Ortiz, 392 F.3d 1166 (10th Cir. 2004) (implicit credibility in Batson proceedings)
- United States v. Kamahele, 748 F.3d 984 (10th Cir. 2014) (police-officer expert testimony admissible under Rule 702)
- United States v. Nacchio, 555 F.3d 1234 (10th Cir. 2009) (Daubert reliability review of expert testimony)
- United States v. Rosales-Miranda, 755 F.3d 1253 (10th Cir. 2014) (impact of non-prejudicial prosecutorial errors)