United States v. Baker
Opinion of the Court
ORDER
In November 2000 Eddie Baker walked out of a house in Milwaukee and began shooting at two men who were approaching the residence. As the men turned to
Before his federal prosecution, Baker faced state charges for the shooting. Wisconsin tried him for armed reckless injury, Wis. Stat. § 940.23(l)(a); id. § 939.63, and armed first degree reckless endangerment of safety, id. § 941.30(1); id. § 939.63. A jury acquitted him of reckless injury but found him guilty of reckless endangerment. Baker contends that the Double Jeopardy Clause completely bars the federal government from prosecuting him for conduct arising from the shooting. We have definitively rejected this argument in prior cases, see, e.g., United States v. Tirrell, 120 F.3d 670, 676-77 (7th Cir. 1997), because the Supreme Court has held that the Double Jeopardy Clause does not bar successive prosecutions by separate sovereigns like Wisconsin and the United States, Koon v. United States, 518 U.S. 81, 112, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996); Bartkus v. Illinois, 359 U.S. 121, 132-33, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959). Baker vaguely refers to a so-called exception to the dual sovereignty doctrine-the sham prosecution exception. Although in Tirrell we noted language in Bartkus that suggests a possible exception to the dual sovereignty doctrine when one sovereign uses the other as a “tool” to bring a second prosecution, we have never formally recognized or applied such an exception, see Tirrell, 120 F.3d at 677, and we see no reason to do so here, especially when Baker presented no evidence that either prosecution was a “sham.” In a related argument, Baker contends that the doctrine of collateral estoppel bars the government from litigating factual issues that were litigated in his state case. Although collateral estoppel can be applied in the criminal context, it applies only when the two proceedings are between the same parties. Id. This case is between Baker and the United States, and the United States was not a party to Baker’s state case.
Baker’s next group of contentions center on a pretrial evidentiary ruling. Before trial, the government moved to prohibit all references to the state verdicts, arguing that the dispositions of the state proceedings were not relevant, Fed. R.Evid. 402, and if they were relevant their probative value would be substantially outweighed by the danger of unfair prejudice, Fed.R.Evid. 403. Baker objected; he was particularly interested in introducing evidence of the acquittal, and his theory was that the jury would find the witnesses less credible knowing they had testified against him in another case that ended in an acquittal. The court granted the government’s motion, concluding that evidence about the state proceedings would be irrelevant.
Baker argues on appeal that this ruling caused a bounty of errors. He argues that it was an erroneous application of the federal rules of evidence, a Confrontation Clause violation, and a violation of the rule announced in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). He also argues that it was prosecutorial misconduct even to file the motion. We disagree in every respect. Federal Rule of Evidence 402 says that
A third contention in Baker’s brief is that his conduct did not sufficiently affect interstate commerce to trigger the federal government’s criminal jurisdiction. His challenge takes on various forms: a facial challenge to the constitutionality of section 922(g), a challenge to his indictment, and ultimately an argument that the government failed to meet its burden of proving the interstate commerce nexus at trial. Essentially, in all of his arguments Baker takes issue with our holding in United States v. Lemons, 302 F.3d 769, 772 (7th Cir. 2002), that the interstate commerce nexus of section 922(g)-the statute criminalizing possession of a firearm by a felon-is proven and satisfies the Constitution if the government proves that the gun crossed state lines sometime before the defendant possessed it. In this case the government charged in the indictment and proved at trial that the gun was manufactured in Massachusetts. The government also charged in the indictment and proved at trial that the gun was found in Baker’s possession in Wisconsin. A rational fact-finder could have found beyond a reasonable doubt that the gun crossed state lines before or during Baker’s possession.
Baker’s fourth broad claim of error is that he received ineffective assistance of counsel. Four different attorneys represented Baker in succession during his prosecution. Baker repeated a pattern of obstructive behavior with each new attorney that led each to withdraw. Baker would insist on pursuing meritless arguments, his attorney would refuse, Baker would stop cooperating, and then his attorney would withdraw. Although before trial there were brief periods when Baker
Finally Baker contends that he is the victim of a vindictive prosecution. It does not appear that Baker raised this issue in the district court, but the government has not argued waiver, so we will address the claim on the merits. See United States v. Leichtnam, 948 F.2d 370, 375 (7th Cir. 1991). Baker’s claim, though, still fails because he offered no objective evidence that the prosecutor who initiated this case had any genuine malice towards him. See United States v. Porter, 23 F.3d 1274, 1278-79 (7th Cir. 1994).
AFFIRMED.
Reference
- Full Case Name
- United States v. Eddie BAKER, Jr.
- Status
- Published