United States v. Crawford

• Decision Date: 23 July 2021
• Docket Number: 4:18-CR-104
• Parties: UNITED STATES OF AMERICA v. JOE CRAWFORD
• Court: U.S. District Court — Northern District of Mississippi

UNITED STATES OF AMERICA v. JOE CRAWFORD

No. 4:18-CR-104

United States District Court, N.D. Mississippi

July 23, 2021

ORDER

Debra M. Brown UNITED STATES DISTRICT JUDGE

On December 4, 2018, Joe Crawford was charged in a superseding indictment with two counts of selling firearms to a felon. Doc. #60. On June 9, 2021, following a three-day jury trial Crawford was convicted on both counts of the superseding indictment. Doc. #226. After being granted a requested extension to file a post-judgment motion, Crawford filed a motion for acquittal or, alternatively, a new trial on July 1, 2021. Doc. #248. The government timely responded to the motion. Doc. #254. Crawford did not reply. Because this Court concludes that Crawford's motion is without merit acquittal and a new trial will be denied.

I Standards

Federal Rule of Criminal Procedure 29(a) provides that “[a]fter the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.” “Evidence is sufficient to support a conviction so long as any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Gas Pipe, Inc., 997 F.3d 231, 240 (5th Cir. 2021) (quotation marks omitted). In applying this standard, “the court views all evidence, whether circumstantial or direct, in the light most favorable to the government, with all reasonable inferences and credibility choices to be made in support of the jury's verdict.” Id. (cleaned up).

Motions for new trials are governed by Federal Rule of Criminal Procedure 33(a), which provides that a “court may vacate any judgment and grant a new trial if the interest of justice so requires.” “[A]ny error of sufficient magnitude to require reversal on appeal is an adequate ground for granting a new trial.” United States v Wall, 389 F.3d 457, 474 (5th Cir. 2004).

II Trial Evidence

Prior to trial, Crawford and the government stipulated to the following facts:

Louis West, prior to March 20, 2018, had been previously convicted of a felony offense. Specifically, he has felony convictions for (1) burglary, 1990 (2) hindering apprehension of a fugitive and fleeing a police officer, 2003, and (3) possession with intent to distribute cocaine and reckless use of a firearm/prohibited possession of a firearm, 2008.

. . . .

The pistols and rifles sold by the defendant on March 20 2018, i.e. the Desert Eagle, .44 caliber pistol, the Beretta .40 caliber pistol, Federal Arms Corp. .308 caliber rifle, and the Nodak Spud LLC 5.45x39mm caliber rifle, all meet the definition of “firearm” as enumerated in Title 18 United States Code § 921(a)(3).

. . . .

The pistols and rifles sold by the defendant on June 14, 2018, i.e. the two Glock, .45 caliber pistols, the Beretta.32 caliber pistol, Taurus .40 caliber pistol, the Nodak Spud LLC 5.45x39 mm caliber rifle, and the Norinco 7.62x39mm caliber rifle, all meet the definition of “firearm” as enumerated in Title 18 United States Code § 921(a)(3).

Doc. #221 (paragraph numbering omitted).

At trial, the government introduced audio and visual recordings of interactions between Crawford and Louis West, a confidential informant (“CI”) for the government. See Doc. #224. West, Travis Tribble (an officer with the Cleveland Police Department), Dustin Blount (a special agent with the Federal Bureau of Investigation), and Jason Price (an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives) all testified. See Doc. #223. Crawford testified on his own behalf. Id. In the light most favorable to the government, this evidence shows:

In 2015 or 2016, West approached Tribble with the goal of becoming a confidential informant in order to “get the people that killed his son.” Doc. #252 at 170. At the time, Tribble did not have the “means to let [West] work.” Id. Sometime later, West was arrested for possession of a firearm by a convicted felon. Id. In December of 2017, West began working with Tribble as a CI making controlled buys. Id. at 171. In return for his work as a CI, West was paid and also “worked ... off” his charges. Id.

In early 2018, West informed Tribble that Leon Hughes, another convicted felon, “had a subject that was wanting to sell him a firearm.” Id. at 172. West arranged a controlled buy on February 17, 2018, at Wild Bill's in Boyle, Mississippi. Id. at 172-73, 175. During the buy, Hughes purchased the firearms from Crawford and gave them to West, who was also present. Id. at 176-77.

On March 1, 2018, West made a controlled buy of two firearms from Crawford, again at Wild Bill's. Id. at 178. This buy was also arranged through Hughes. Id.

On March 10, 2018, West called Crawford to arrange another buy. During the call, West said he wanted to purchase a fully automatic weapon and some handguns, including a .44 magnum and a Desert Eagle. West and Crawford also had the following exchange:

Crawford: Well, but I mean I can get them right now because sons of bitches want to, soon as that law goes into effect, that they, they're trying to outlaw all of that shit man. Bump stocks already been outlawed.

West: So what they, what you mean they're banning stuff? I mean I'm a felon so I don't know.

Crawford: I know.

West: I mean, you done bonded me, you done bailed me out. You don't even remember it do you cuz?

Crawford: They, they's banning those bump stocks all together. I mean, soon as that damn school shooting come up they started talking about well we gonna ban the bump stocks. And they done wrote that into legislation, and they trying to get it passed right now.

West: Well, I'm a felon so I don't know. You know what I'm saying?

Crawford: Yea Well, Ummm.

West: I got about 4 felonies, shit.

Crawford: Yea, let me see what the man's got up in there, see if they can hook that up.

West: Yea, I mean shit, I mean shit. I just want some nice stuff man.

Gov't Exs. 3, 3a.

On March 19, West called Crawford again. West told Crawford he wanted “AK's and shit like that, or something automatic.” The conversation included the following exchange:

West: Let me, let me explain something to you first of all. Who am I? You bailed me out a million times man. One time before, you know what I'm saying? I'm a felony man, you ain't gotta worry I got 90, 000 of them bitches. I just got out of prison. So, on my momma I got 9, 000 of them bitches. So you ain't gotta, that's why I was just trying to peep you and put you on that. That's it. So far as that, I need what I asked you. But if you got some .44s I take them too, and some .45's.

Crawford: I got some .45's now.

West: Aight I'll take them.

Gov't Exs. 4, 4a.

On March 20, 2018, West purchased from Crawford a Desert Eagle, .44 caliber pistol, Beretta, .40 caliber pistol, Federal Arms Corp. .308 caliber rifle, and Nodak Spud LLC 5.45x39mm caliber rifle. Doc. #221 at PagelD 988. The sale occurred again at Wild Bill's. Doc. #252 at 18687. During the sale, West asked to see one of the weapons. Gov't Exs. 7, 7a. Crawford and West then had the following exchange:

Crawford: It's in that case. Let me, let me pull around somewhere else and

West: Yeah pull around, let me pull my car around, I ain't going to put my shit in the car around here, so I'll pull around

Crawford: I don't go around back, they got cameras around back

West: They ain't got cameras around back, that's why I say why you be pulling around there man. That's where the opening is

Crawford: Oh, are you talking about on the end right here? They ain't got no

. . . .

West: Yeah, yeah why don't you just want to go down man some man, you be too close to the end. That's what I was saying last time, why y'all didn't go around that way or somewhere. Y'all right where, .... Not that close. Go around some.

Gov't Exs. 7, 7a.

On June 13, 2018, West called Crawford to arrange another gun purchase. Gov't Exs. 8, 8a. The two discussed specific firearms and arranged to meet the next day at Wild Bill's. Id. However, after arriving at Wild Bill's, West and Crawford drove to a “secluded road” near Crawford's home. Doc. #252 at 282. During the sale, West and Crawford discussed the types of firearms being sold and also had the following exchange:

West: I know the easiest damn thing to get, because I ain't gonna tell you no lie. I went to get Kyle. I went to Kyle pawnshop. I knew he wasn't gonna let me get it now. But this when I first got here. I went to Kyle, got out of prison. I got. I came down. I was trying to go to Kyle Pawnshop. I talk to him. I got ... Willie been knowing me my whole life. Since I was a little boy. So I said “Willie man, talk to Kyle man. See if I can buy one of those. Know what I'm saying?” Cause I wanted this special, uh, it's like this. Brown handle.

Crawford: Mhmm

West: But it's a special made, uh choppa that's in there, in that pawnshop that I really wanted out of there. Its brown handle. It's about, it's real short-like.

Crawford: Yeah

West: But that motherfucker so raw man. You ain't seen it but that motherfucker rough

Crawford: Yeah, I see them up there all the time. I know bud- one of my buddies got one them

West: That brown one I'm talking about. It's short.

Crawford: He's got a key hanging round that motherfucker. I said, what that key there for? He said, cause when I got this motherfucker I got the key to the city.

West: On my momma, that motherfucker. Yeah, you ain't seen it that motherfucker look

Crawford: Yeah, it's bad.

West: I wanted that bitch, man. Kyle said he couldn't do it, man.

Crawford: Well see he can't. A gun that he's got in the store he can't sell to ya, because it's registered through the store.

West: But I want, but I shit. Shit, goddamn man.

Crawford: He

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