United States v. Watley
| Decision Date | 19 August 2022 |
| Docket Number | 21-2827 |
| Parties | United States of America Plaintiff-Appellee v. Michael David Watley Defendant-Appellant |
| Court | U.S. Court of Appeals — Eighth Circuit |
Submitted: June 15, 2022
Appeal from United States District Court for the District of North Dakota
Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
A jury convicted Michael Watley of two counts of distributing heroin in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Before trial, Watley filed multiple motions in limine seeking to prevent the government from introducing certain evidence. Watley now appeals the district court's[1] denial of two of those motions in limine. Watley also argues there was insufficient evidence to convict him of both offenses and that the district court abused its discretion in imposing a 10-year sentence. We affirm Watley's conviction and sentence.
Watley's convictions were based on his alleged distribution of heroin to two individuals: Wendy Wentz and Payton Garter.[2] Both Wentz and Garter knew Watley as "Kevin" or "Kev." At trial, the government first identified Watley as Kevin through Tessa Fox. Fox testified she purchased oxycodone and heroin from someone named "Kevin," who she identified in the courtroom as Watley. Fox testified she purchased from Watley approximately four times a week and, on occasion, met Watley at the Grand Theatre in Bismarck, North Dakota. The phone number Fox used to communicate with Watley matched the number Wentz and Garter used to communicate with Watley. The government then introduced evidence of specific instances where Watley distributed heroin to Wentz and Garter.
On January 12, 2020, Wentz's son called emergency services after he found Wentz laying in her bathtub. Law enforcement arrived first on the scene and found Wentz without a pulse. An officer observed a syringe laying on the edge of the bathtub, prompting him to administer two rounds of Narcan[3] to Wentz. Paramedics then arrived on the scene and ultimately declared Wentz deceased.
Law enforcement began investigating to determine whether illegal substances contributed to Wentz's death. Law enforcement obtained and executed a warrant to search Wentz's home. During the search they found three small "bindles" of heroin, a small amount of methamphetamine, a baggie of marijuana, Clonazepam pills, and drug paraphernalia in Wentz's bedroom. They also found Wentz's cell phone and later extracted its contents.
At trial, the government introduced texts messages extracted from Wentz's phone. Specifically, the government introduced text messages between Wentz and a contact named "Kevin." As noted earlier, this number matched the number Fox and Garter used to communicate with Watley.
The extracted records showed Wentz and Watley texting on January 8, 2020. During the conversation, Wentz told Watley that she "want[s] to test it." Wentz and Watley then arranged to meet at a cafe located next to a "work out place" at the Gateway Mall. About ten minutes after arranging the location, Wentz texted "here" at 4:46 p.m. The government introduced surveillance video from a Planet Fitness located next to a cafe at the Gateway Mall. The video showed a white car driving through the parking lot at 4:44 p.m. Wentz's son testified Wentz drove a white Pontiac G6 car.
In addition, the government introduced surveillance of Watley checking into Planet Fitness on January 7, 8, 11, and 12, along with corresponding check-in records. Relevant here, the surveillance video shows Watley, a black male, checking into Planet Fitness on January 11, 2020, wearing tan boots, camouflage pants, a dark top, a gray scarf, and a dark stocking cap.
On January 11, 2020, Wentz texted Watley asking if he had "a half g." Watley indicated he did not, but that he would give Wentz a deal on the "point" he had left. Wentz later asked, "how many you have left and what deak[?]" Watley replied "3 for 120." Wentz then asked where Watley wanted to meet. Wentz's phone records indicate a twenty-second phone call followed. Wentz then texted "I'm here."
The government then introduced GPS location information collected from Wentz's cell phone showing she was at the Grand Theatre in Bismarck from 9:229:27 p.m. Surveillance from the Grand Theatre corroborated this, showing a white car arriving at 9:22 p.m.[4] The surveillance video also showed a black male walking from a nearby Motel 6[5] and Simonson's Station Store toward the Grand Theatre and entering the lobby of the theater at 9:22 p.m. The black male was wearing the same outfit as the male seen checking into Planet Fitness earlier that day. Wentz texted Watley "I'm here" at 9:23 p.m. Surveillance then showed the male exit the Grand Theatre and walk toward and enter a white car. The white car then left the theater at 9:27 p.m.
On September 25, 2018, Nikiah Mommer called emergency personnel to the apartment of Erica Berger, reporting a potential overdose. Mommer testified at trial that earlier that day, Mommer and Berger obtained heroin from an individual named Payton Garter. According to Mommer, she and Berger drove to Garter's nearby residence, and she retrieved the heroin from Garter. Once Mommer got back inside Berger's car, Mommer handed the heroin over to Berger. The two then drove back to Berger's apartment, where Mommer witnessed Berger bring out her syringe and use the heroin. Mommer testified that she was on the phone when she noticed Berger laying on the floor as though she had "overdosed."
Mommer then called emergency personnel. Police arrived first, and Mommer told the officer Berger had used heroin. Paramedics then arrived and found Berger without a pulse and not breathing. Paramedics administered Narcan twice and on the second try Berger regained her pulse and began breathing on her own. At trial, one of the paramedics testified Narcan works only in cases where the individual has overdosed on an opioid.
Garter testified at trial that she obtained the heroin she sold to Mommer from "[a] guy named Kev." Garter identified Watley as the individual she knew as Kev. Garter went on to testify she obtained heroin from Watley multiple times, sometimes three or more times a week when Watley "was around." Garter testified she would meet Watley to get drugs at different locations in Bismarck, such as a movie theater near the Simonson's Station Store called the Grand Theatre. Text messages between Garter and Watley showed they communicated about purchasing heroin as recently as January 8, 2020.
A jury ultimately convicted Watley of both distribution counts. At sentencing, the district court granted the government's motions to depart upward based on Wentz's death and Berger's injury. The district court also granted the government's motion to vary upward based on the potency of the heroin Watley allegedly sold and Watley's alleged distribution of additional controlled substances.
Before trial, Watley filed numerous motions in limine. Watley appeals the district court's denial of two of those motions. Watley also challenges the sufficiency of the evidence produced at trial and the district court's 10-year sentence imposed on him.
Watley first argues the district court erred in denying two of his motions in limine, which requested the government be prohibited from presenting evidence of: (1) Wentz's death and Berger's overdose and (2) the transfer of heroin from Watley to Garter. "We review the district court's evidentiary rulings for abuse of discretion." United States v. Cavanaugh, 30 F.4th 1139, 1141 (8th Cir. 2022). We will reverse "only 'if the district court's evidentiary rulings constitute a clear and prejudicial abuse of discretion.'" United States v. Keys, 918 F.3d 982, 985 (8th Cir. 2019) (quoting United States v. Never Misses A Shot, 781 F.3d 1017, 1027 (8th Cir. 2015)).
Watley argues the district court erred by admitting evidence of Berger's overdose and Wentz's death as intrinsic evidence. Watley argues the evidence cannot be considered "intrinsic" evidence-that is, "evidence of wrongful conduct other than the conduct at issue offered for the purpose of providing the context in which the charged crime occurred." United States v. Guzman, 926 F.3d 991, 9991000 (8th Cir. 2019) (quotation omitted). Watley argues the evidence cannot provide context for his distribution charge because Wentz's death and Berger's overdose happened after the charged crime was completed. Thus, Watley argues the evidence was irrelevant to prove the crimes charged. In the alternative, Watley argues the evidence of Wentz's death and Berger's overdose should have been excluded because the evidence was unduly prejudicial.
Under Federal Rule of Evidence 402, "[r]elevant evidence is admissible." We have interpreted relevancy to include "evidence 'providing the context in which the crime occurred, i.e. the res gestae.'" United States v. Morrison, 748 F.3d 811, 812 (8th Cir. 2014) (quoting United States v. LaDue, 561 F.3d 855, 857 (8th Cir. 2009)) (defining admissible evidence under Rule 401). Intrinsic evidence "includes both evidence that is inextricably intertwined with the crime charged as well as evidence that merely 'completes the story' or provides context to the charged crime." Guzman 926 F.3d at 1000 (quoting United States v. Young, 753 F.3d 757, 770 (8th Cir. 2014)). The intrinsic evidence "need not be 'necessary to the jury's understanding of the issues' to be admissible," but must withstand Rule 403's balancing test. Id. (quoting Young, 753 F.3d at 770); see Fed.R.Evid. 403 (...
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