United States v. James Watson, Jr.
Opinion
James Watson was convicted after trial on one count of distributing five or more grams of actual methamphetamine, and was sentenced to 180 months' imprisonment. He appeals.
I.
The Arkansas Second Judicial District Drug Task Force conducted operations against repeat, violent drug offenders. Believing Watson to be such an offender, the task force employed a confidential informant (CI) to make controlled buys of methamphetamine from Watson.
On August 29, 2014, the CI arranged to meet Watson to buy methamphetamine. The controlled buy took an extended period of time, and the CI traveled with Watson to several different locations. Although the task force captured much of the transaction on audio and video surveillance, it did not capture everything. Thus, the complete course of events is known only to Watson and the CI. In the end, the CI said he paid Watson $3,000 for about 36 grams of actual methamphetamine.
On September 19, 2014, the CI again sought to buy methamphetamine from Watson. Watson and the CI set up the exchange, and the controlled buy was captured on audio and video surveillance. Watson purported to sell the informant methamphetamine, but the substance later turned out to be epsom salt.
A grand jury indicted Watson with one count of distributing five or more grams of actual methamphetamine for the August 29, 2014, controlled buy.
See
First is evidence of Watson's history of violence, which the government sought to introduce to clarify why the task force became interested in Watson. Before trial, the government had sought to exclude any testimony about an excessive force lawsuit that Watson had filed against one of the task force officers involved in the criminal case. That lawsuit was settled right around the time of the controlled buys at issue. Watson objected. The district court 1 ruled that Watson could present evidence of his theory that he was targeted because he had filed a lawsuit against one of the task force members-but if he did, that would open the door to allowing the government to introduce, in rebuttal, evidence of Watson's prior bad acts to show that the task force's interest was the result of his history of violence, rather than retaliation.
At trial, during cross-examination of the officer he had sued, Watson intimated that the task force targeted Watson in retaliation for the excessive force suit. At a bench conference, the district court determined that some, but not all, of the bad acts could come in because Watson had opened the door. The government said it wanted to introduce testimony of three allegations: (1) Watson had heated a knife and used it to burn the thighs of a victim, (2) Watson had committed domestic violence, and (3) Watson had assaulted police officers. Watson objected to the reliability of these allegations, but the district court overruled the objection and admitted the evidence.
The second piece of evidence is the September 19, 2014, controlled buy, which netted only epsom salt. Over Watson's objection, the government introduced testimony from the CI and video of the transaction. The CI testified that Watson had contacted him about doing another deal, and the CI had asked for four ounces of methamphetamine. The transaction occurred outside Watson's house and was depicted on the video.
At the close of the government's case, Watson moved for judgment of acquittal based on insufficiency of the evidence, which the district court denied. The jury returned a verdict of guilty.
At sentencing, the government sought an enhanced statutory minimum sentence pursuant to
II.
Watson appeals both his conviction and his sentence. Not all of the arguments Watson makes on appeal match those he made in the district court. As to those arguments, where Watson did not give the district court an opportunity to rule on his procedural arguments in the first instance, we apply plain error review.
See
Johnson v. United States
,
A.
1. Evidentiary Errors
Watson argues that the district court erred by allowing the jury to hear about his prior violent acts and the September 19, 2014, controlled buy. To the extent Watson objected to admission of this evidence in the district court, we review admission of evidence for a clear abuse of discretion and will reverse only if admission affected Watson's substantial rights.
United States v. Picardi
,
We look first to Watson's prior violent acts: using a heated knife to burn a victim, committing domestic violence, and assaulting a police officer. At oral argument, Watson conceded that he opened the door to this testimony. But, he argues, he did not open the door wide enough to admit the three highly prejudicial allegations introduced by the government. This is essentially a Rule 403 argument. Federal Rule of Evidence 403 grants the district court power to exclude relevant evidence "if its probative value is substantially outweighed by a danger of ... unfair prejudice." "Unfair prejudice means an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one."
United States v. Lupino
,
But Watson did not raise prejudice in the district court. He objected only that the reports may not be reliable, so we review this issue for plain error. It appears obvious that the three facts the government put into evidence are indeed prejudicial. It is not, however, clear or obvious that the district court erred in weighing that prejudice against the probative value of the evidence to explain the task force's motivation for targeting Watson. Moreover, the district court forewarned Watson that the prejudicial facts would be admitted if he questioned task force officers about the excessive force suit. When Watson opened the door, the district court limited the government to the three facts in question. And when the district court asked Watson if he wanted to make a record on the facts the government chose, Watson's only objection was that the evidence was not reliable. Under these circumstances, we discern no plain abuse of discretion.
We next consider the evidence of the attempted controlled buy on September 19, 2014. Watson argues that this evidence was inadmissible propensity evidence under Rule 404(b)(1); the government replies that it was intrinsic, "offered for the purpose of providing the context in which the charged crime occurred."
United States v. Thomas
,
2. Variance
Next, Watson argues that the government impermissibly varied from the facts charged in the indictment. "A variance arises when the evidence presented proves facts that are 'materially different from those alleged in the indictment.' "
United States v. Buchanan
,
No variance occurred here. Watson's indictment alleged that "[o]n or about August 29, 2014, in the Eastern District of Arkansas, [he] knowingly and intentionally distributed 5 grams or more of methamphetamine (actual) ...." At trial, the government introduced evidence to prove those facts. Watson argues that the government provided discovery that indicated the drug sale occurred at one address, but at trial sought to prove the sale occurred somewhere else. He makes no affirmative argument as to how the location of the drug sale-on which the indictment was silent-deprived him of fair notice of the allegations leveled against him. Accordingly, we conclude that any difference between the discovery materials and trial facts, to the extent there was such a difference, does not warrant reversal.
3. Motion for Judgment of Acquittal
At the close of the government's evidence, Watson moved for judgment
of acquittal, which the district court denied. On appeal, he contends this was error because the CI's testimony, on which the government's case relied, was not credible. We review this claim de novo, viewing the evidence in the light most favorable to the verdict.
United States v. Lewis
,
The government had to prove that Watson "knowingly or intentionally ... distribut[ed] ... a controlled substance."
B.
Watson next argues that his 180-month sentence was procedurally flawed and substantively unreasonable. We review the district court's interpretation of the Guidelines de novo and its fact-finding for clear error.
See
United States v. Barker
,
As to procedural error, Watson argues that the district court failed to require the government to prove he was convicted of several offenses that were included in his criminal history score.
See
United States v. Charles
,
Watson also objected to a sentence that received 3 criminal history points. This sentence was based on three counts: theft of property, fleeing in a vehicle causing danger, and fleeing on foot.
See
As to substantive reasonableness, Watson argues that the district court abused its discretion by varying upwards. In explaining its sentencing decision, the district court recounted Watson's long history of violent conduct. The court then decided on a 180-month sentence, focusing in large part on the need to protect the community and to give Watson time to age out of criminality before being released
back into society. The district court properly weighed the
III.
We affirm Watson's conviction and sentence.
The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas.
This reasoning applies to all of the evidence of the September 19, 2014, counterfeit sale: the CI's testimony, the audio and video surveillance, and the video of Watson's interrogation.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. James Edward WATSON, Jr., Defendant-Appellant
- Cited By
- 2 cases
- Status
- Published