U.S. v. Becker
| Decision Date | 31 May 2007 |
| Docket Number | No. CR 06-3022-MWB.,CR 06-3022-MWB. |
| Citation | 490 F.Supp.2d 1029 |
| Parties | UNITED STATES of America, Plaintiff, v. Todd BECKER, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Robert A. Wichser, Federal Public Defender, Sioux City, IA, for Defendant.
Charles J. Williams, U.S. Attorney's Office, Cedar Rapids, IA, for Plaintiff.
TABLE OF CONTENTS
I. INTRODUCTION ......................................................1031
A. Charges .......................................................1031
B. The Pending Motions ...........................................1031
II. LEGAL ANALYSIS ....................................................1032
A. Rule 104 ......................................................1032
B. The Government's Motion To Admit Becker's Probation Status ....1032
1. Background ................................................1032
2. Arguments of the parties ..................................1033
a. The governments argument ..............................1033
b. Becker's response .....................................1033
3. Analysis ..................................................1034
a. Intrinsic or direct evidence ..........................1034
b. Rule 404(b) evidence ..................................1035
c. Probative value versus potential prejudice ............1036
C. Becker's Motion To Exclude His 1988 Conviction ................1037
1. Arguments of the parties ..................................1037
a. Becker's argument .....................................1037
b. The governments response ..............................1037
2. Analysis ..................................................1038
III. CONCLUSION ........................................................1039
A Grand Jury handed down the original one-count Indictment (docket no. 1) in this case on June 7, 2006, charging defendant Todd Becker with possessing, with intent to distribute, methamphetamine and marijuana, within 1,000 feet of a school, after a prior felony drug conviction. Subsequently, on November 16, 2006, a Grand Jury handed down a Superseding Indictment (docket no. 48) adding a conspiracy charge. Thus, the charges against defendant Becker, as they now stand, are the following: Count 1 of the Superseding Indictment charges that, between about 2004 and continuing until January 3, 2006, defendant Becker knowingly conspired to distribute 5 grams or more of actual (pure) methamphetamine and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and a mixture or substance containing a detectable amount of marijuana, within 1,000 feet of a school, after a felony drug conviction, all in violation of 21 U.S.C. §§ 841(a), 841(b)(1)(A), 841(b)(1)(B), 841(b)(1)(D), 846, 851, and 860. Count 2 charges that, on or about January 3, 2006, defendant Becker knowingly and intentionally possessed, with intent to distribute, a mixture or substance that contained five grams or more of actual (pure) methamphetamine and a mixture or substance containing a detectable amount of marijuana, within 1,000 feet of a school after a felony drug conviction, all in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 841(b)(1)(D), 851, and 860. The Superseding Indictment charges that the school in question on each count was Sheffield Elementary School at 504 Park Street in Sheffield, Iowa. The prior felony drug conviction alleged in each count is a conviction for possession with intent to deliver methamphetamine in the Iowa District Court for Hamilton County on or about July 7, 1988.1 The government has notified the court that, to simplify the trial, it will no longer pursue the marijuana charges against defendant Becker. Thus, only the methamphetamine portions of the conspiracy charge and the possession with intent to distribute charge will go to the jury.
Trial in this matter is currently set to begin on June 4, 2007.
In anticipation of trial, the parties have filed two evidentiary motions. The first such motion is the government's February 21, 2007, Motion In Limine (docket no. 66), which was filed in anticipation of an earlier trial date. In that motion, the government seeks a ruling, pursuant to Rule 104(a) of the Federal Rules of Evidence, that the defendant's probation status at the time of the charged offenses is admissible as intrinsic evidence of the charged offenses or, in the alternative, pursuant to Rule 404(b) of the Federal Rules of Evidence to demonstrate the defendant's knowledge and intent. Defendant Becker did not respond to that motion within five court days, as required by the August 14, 2006, Order Setting Jury Trial In Criminal Cases (docket no. 14) and N.D. IA. L. CR. R. 47.1(a). However, by order dated May 23, 2007 (docket no. 72), the court noted that the government's motion had been filed shortly before the trial was continued from March 7, 2007, to June 4, 2007, so that the court deemed it appropriate to set a deadline of May 29, 2007, for Becker's response. Becker filed no response by that deadline.
The second motion now before the court is defendant Becker's May 23, 2007, Motion To Exclude Evidence (docket no. 73), which seeks to exclude evidence of Becker's 1988 conviction pursuant to Rules 403, 404, and 609 of the Federal Rules of Evidence. That motion was technically untimely, because it was not filed at least 14 days before the commencement of trial, again as required by the August 14, 2006, Order Setting Jury Trial In Criminal Cases (docket no. 14). Nevertheless, the court deems it appropriate to consider the evidentiary question presented pretrial, rather than address it in the course of trial, to facilitate a smooth presentation of the case to the jury. The government filed its Resistance To Defendant's Motion In Limine Regarding Defendant's Prior Conviction (docket no. 75) on May 30, 2007.
These motions are now fully submitted.
As a preliminary matter, the court notes that Rule 104 of the Federal Rules of Evidence provides, generally, that "[p]reliminary questions concerning ... the admissibility of evidence shall be determined by the court...." FED.R.EVID. 104. Such preliminary questions may depend upon such things as whether the factual conditions or legal standards for the admission of certain evidence have been met. See id., Advisory Committee Notes, 1972 Proposed Rule. This rule, like the other rules of evidence, must be "construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that truth may be ascertained and proceedings justly determined." FED.R.EVID. 102. The court concludes that preliminary determination of the admissibility of evidence presented or challenged in the parties' evidentiary motions will likely serve the ends of a fair and expeditious presentation of issues to the jury. Therefore, the court turns to consideration, in turn, of the admissibility of the evidence put at issue in the parties' pretrial evidentiary motions.
I. Background
In support of its motion to admit evidence of defendant Becker's probation status, the government provides the following background, which is unchallenged by Becker. In addition to the prior conviction in 1988 charged in the Superseding Indictment, defendant Becker was convicted on November 1, 2005, of possession of a controlled substance without a prescription and, as a result, was placed on probation until November 1, 2007. The conditions of Becker's probation allowed home visits and necessary searches predicated upon reasonable suspicion, i.e., without probable cause or a search warrant.
The government contends that, on or about the last week of December 2005, Becker's probation officer learned that Becker's girlfriend, Lisa Severson, had been arrested for possession of methamphetamine. At the time of her arrest, Severson was living with Becker. The probation officer contacted law enforcement to request assistance in conducting a home visit pursuant to Becker's conditions of probation, on the ground that Becker's girlfriend's arrest provided the required reasonable suspicion.
On January 3, 2006, Becker's probation officer and a law enforcement officer conducted a search of Becker's shop and residence pursuant to reasonable suspicion arising from his live-in girlfriend's arrest. They explained the reason for their search to Becker when they arrived at the residence. In Becker's residence, the officers observed a safe in a room next to Becker's bedroom. Becker opened the safe, revealing therein two plastic bags, one of which contained a crystalline substance that appeared to be methamphetamine. Further searching uncovered more than 27.38 grams of pure methamphetamine, more than $17,000 in cash, hundreds of small plastic baggies, a digital scale, and a small amount of marijuana. Becker was then arrested on the present charges.
2. Arguments of the parties
a. The government's argument
In its Motion In Limine, the government seeks a ruling that Becker's probation status at the time of the charged offenses is admissible as intrinsic evidence of the charged offenses or, in the alternative, pursuant to Rule 404(b) of the Federal Rules of Evidence to demonstrate the defendant's knowledge and intent. In support of its "intrinsic evidence" argument, the government asserts that it is necessary to present to the jury the entire factual context of the charged offenses, including evidence of Becker's probation status, because his probation status is an essential piece of...
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