USA v. Battle

• Decision Date: 20 July 2010
• Docket Number: No. 08-3060.,08-3060.
• Citation: 613 F.3d 258
• Parties: UNITED STATES of America, Appellee v. Michael Anthony BATTLE, Appellant.
• Court: U.S. Court of Appeals — District of Columbia Circuit

613 F.3d 258

UNITED STATES of America, Appellee

v.Michael Anthony BATTLE, Appellant.

No. 08-3060.

United States Court of Appeals,District of Columbia Circuit.

Argued Nov. 10, 2009.

Decided July 20, 2010.

Appeal from the United States District Court for the District of Columbia (No. 1:05-cr-00234-RMU-1).

Edward C. Sussman, appointed by the court, argued the cause and filed the brief for appellant.

Anne Y. Park, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III, Assistant U.S. Attorney.

Before: GARLAND, Circuit Judge, and WILLIAMS and RANDOLPH, Senior Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Michael Anthony Battle raises three challenges to his convictions for distributing crack cocaine. He contends that the district court erred in finding him competent to stand trial, that there was insufficient evidence to support the jury's verdict that the drugs he sold were crack, and that there was insufficient evidence that the sale took place within 1000 feet of a school. We reject all three contentions. We agree with both parties, however, that Battle's convictions on separate counts of distributing crack cocaine and of distributing the same drugs within 1000 feet of a school merge. We therefore remand for the district court to vacate the judgment on the former count.

I

On June 16, 2005, a grand jury returned a seven-count indictment charging Battle with, inter alia, distributing 50 grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii), and distributing 50 grams or more of cocaine base within 1000 feet of a school, in violation of 21 U.S.C. § 860(a). ¹ At a status hearing on March 24, 2006, Battle's attorney requested a preliminary competency screening. After interviewing Battle, Dr. Robert Benedetti, Chief of Forensic Legal Services at St. Elizabeth's Hospital, concluded that Battle was “competent to stand trial because mental health factors do not substantially impair his capacity to have a factual and rational understanding of the proceedings against him and to properly assist counsel with the preparation of his defense.” Competency Report of Dr. Robert Benedetti at 2-3 (Mar. 27, 2006).

Defense counsel then requested a 30-day psychological evaluation, which the court ordered pursuant to 18 U.S.C. § 4241. Battle was admitted to the Federal Medical Center (FMC) in Devens, Massachusetts, where he was evaluated from May 9 to June 8, 2006. During that period, forensic psychologist Dr. Shawn Channell and FMC personnel working with him conducted behavioral observations, clinical interviews, physical examinations, and psychological testing of the defendant. Dr. Channell administered a psychological test called the Minnesota Multiphasic Personality Inventory: Second Edition (MMPI-2), as well as another called the Evaluation of Competency to Stand Trial: Revised (ECST-R), which assesses a defendant's understanding of proceedings and ability to work with counsel. He also determined that Battle did not have a documented history of mental illness.

At the conclusion of the month-long evaluation-and following interviews with defense counsel, the prosecutor, and Battle's mother-Dr. Channell diagnosed Battle with Adult Antisocial Behavior and alcohol and cannabis abuse. Like Dr. Benedetti, however, he concluded that Battle was competent to stand trial because “there is no present objective evidence to indicate [that Battle] suffers from a mental disorder which would impair his ability to understand the nature and consequences of the court proceedings against him, or impair his ability to properly assist counsel in his defense.” Competency Report of Dr. Shawn Channell at 8 (June 28, 2006).

Following Battle's evaluation at FMC, defense counsel retained Dr. Lanning Moldauer, a clinical psychologist, to conduct an independent psychological evaluation. Dr. Moldauer interviewed Battle once, spoke by telephone with his mother for thirty minutes, and observed a meeting between Battle and his attorney. Thereafter, Moldauer concluded that Battle was not competent to stand trial because he “experiences significant grandiose delusions with a strong religious basis” that are “almost certainly psychotic in nature, and ... preclude[ ] his working with his attorney effectively.” Report of Dr. Lanning Moldauer at 3-4 (Nov. 21, 2006).

The defense then requested a competency hearing pursuant to 18 U.S.C. § 4247(d), and the court granted the request. In light of Dr. Moldauer's conclusion, the court granted the government's motion for re-evaluation of the defendant. During the second observation period, which took place at FMC Devens from February 7 to March 9, 2007, Dr. Channell conducted additional psychological tests, including a second MMPI-2. At the end of the period, Dr. Channell issued another report, again finding Battle competent. Although “Mr. Battle's personality characteristics have, and are likely to continue, to result in significant difficulty working with any attorney,” Channell said, his behavior was “volitional” and did “not meet diagnostic criteria for Delusional Disorder.” Report of Dr. Channell at 4, 9 (Mar. 21, 2007). After Dr. Channell issued his report, Dr. Moldauer interviewed Battle for a second time.

The district court held competency hearings on June 12 and September 6, 2007. Consistent with their reports, Dr. Channell and Dr. Benedetti testified that Battle was competent to stand trial. Dr. Moldauer testified that he was not. Thereafter, the district court found that the government had proved “by a preponderance of the evidence that the defendant presently possesses competence and ... has the capacity to stand trial.” United States v. Battle, No. 05-0234, Mem. Op. at 9, 11-12 (D.D.C. Sept. 20, 2007).

Trial commenced on April 8, 2008. Metropolitan Police Department Officer Darrick Wallace testified that, acting in an undercover capacity, he had called Battle on March 24, 2005, and arranged to “purchas[e] 62 grams of crack cocaine.” Trial Tr. 41-42 (Apr. 8, 2008). The two met inside Wallace's undercover automobile, which he parked in an alley near the 100 block of Hamilton Street, N.W. Inside the car-and captured on video surveillance-Battle sold the drugs to Wallace.

Three witnesses testified concerning the nature of the narcotics that Battle sold to Officer Wallace. Wallace described the drugs he purchased as “a chunky substance.” Id. at 43. Detective Eric Fenton, the lead officer on the case and the person to whom Wallace handed the drugs after the purchase, testified that they “were two large, ... chunky, white rock substances.” Id. at 119. And a Drug Enforcement Administration (DEA) chemist testified that the drugs were an “off white, chunky material,” weighing 60.3 grams and containing cocaine base with a purity of 74 percent. Trial Tr. 26-27 (Apr. 9, 2008). In addition, the parties agreed on the following stipulation:

There are two types of cocaine used in the District of Columbia: Powder and cocaine base, also known as crack. Crack comes in a hard, rock-like form. Crack is typically ingested into the body by smoking it. Wholesale amounts of crack are broken down into smaller and smaller amounts until the drug is typically packaged into one or two useable amounts for street sale.

....

A “62” is approximately 62 grams of crack. This is a standard amount for a mid-level or wholesale dealer, ... although the actual weight of a “62” may be slightly more or less than 62 grams.

Id. at 47.

Detective Fenton also testified concerning the distance between the drug transaction and a local elementary school. He recounted that, in late April 2005, he had returned to the scene of the March 24 transaction to measure the distance from the location of Battle's drug sale to Cuno Rudolph Elementary School. Using a measuring wheel, Fenton measured 950 feet from the place where Officer Wallace had told him the transaction took place to the school. The government also entered into evidence a photograph of Fenton standing in front of the school holding the measuring wheel, a separate photograph of the wheel itself indicating a 950-foot distance, and an aerial map of the school and area.

Upon cross-examination, Detective Fenton could not recall whether, on the day he made the measurement, Officer Wallace had accompanied him to the location of the drug sale or had merely described it to him. Defense counsel also questioned Detective Fenton about the precise point in the alley at which he began his measurement and asked him to mark that location on a map. Following that day's testimony, the prosecutor directed Fenton to return to the scene with Officer Wallace. The next day the government recalled Fenton, who testified that-during the return trip-Wallace confirmed that the point at which Fenton had started measuring was the actual location at which Wallace had bought the drugs from Battle. ² Fenton also testified that he had marked the wrong location on the map the previous day.

The defense called one witness, a private fingerprint consultant, who testified that the plastic bags that contained the drugs purchased by Officer Wallace were of a kind that could have retained latent fingerprints. (The government had not proffered any fingerprint evidence.)

The jury convicted Battle on two counts relating to the March 24, 2005 drug transaction: distribution of 50 grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(A)(iii) (Count 4); and distribution of 50 grams or more of cocaine base within 1000 feet of a school, in violation of 21 U.S.C. § 860(a) (Count 5). ³ The judge sentenced Battle to 135 months on each count, to run concurrently.

Battle raises three issues on appeal. First, he contends that the district court erred in finding him competent to stand trial. Second, he argues that there...