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Circuit Court vacates drug sentence

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The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.

In United States of America v. Anthony D. Edwards, No. 08-1124, Anthony Edwards appealed his conviction of distributing 5 grams or more of crack and his 108-month prison sentence. Edwards argued his admissions made during a second statement shouldn't have been admitted because he wasn't given Miranda warnings again during his second round of questioning. Approximately 45 minutes earlier, he had signed the waiver form during the first round of questioning and said he understood his rights.

He also claimed evidence of a prior criminal activity by him shouldn't have been admissible under Rule 404(b).

The Circuit Court found the time lapse between Edwards being advised of his rights and his second round of questioning not to be long enough to make the Miranda warnings "stale," wrote Judge Richard Posner. Edwards didn't rebut a presumption that he should remember his right to remain silent even if some time had elapsed between his receiving the warnings and undergoing the questioning in which he gave inculpatory statements.

In terms of the evidence of the prior criminal activity being admitted, the Circuit Court focused on whether the evidence was relevant to an issue in the case, and if so, whether the probative weight of the evidence was nevertheless substantially outweighed by its prejudicial effect or by its propensity to confuse or mislead the jury. The testimony by Beagle, the government informant, about previous drug buys between him and Edwards bolstered the government's case that it had arrested Edwards during the course of a drug sale.

"All prior-crimes evidence is prejudicial; otherwise there would be no need for Rule 404(b). But the judge did not abuse his discretion in ruling that the admission of the evidence in this case passed muster, for without it the jury might have thought that Beagle had fabricated a planned drug sale in order to curry favor with the government," Judge Posner wrote.

In terms of Edwards' sentence, the Circuit Court noted the District Court judge gave no reason for his belief that $765 found on Edwards during his arrest was proceeds from selling crack. Edwards claimed the money was from selling a van, although there was no evidence to prove his story. The money also could have come from previous sales to Beagle, which would have led to double counting in estimating the amount of crack Edwards had sold.

The District judge had added 12.75 grams to the amount of crack that other evidence showed Edwards had either sold or possessed with the intent to sell. He could have assumed that without basing the assumption on the $765, and still sentenced Edwards to the same guidelines range. However, the Circuit Court isn't confident he wouldn't have imposed a lower sentence if he had drawn no inference from the money, so it vacated Edward's sentence and remanded for a further sentencing hearing.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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