the way were favorable to this defendant and potentially adverse to the government. The defendant's allegation of error regarding a motion to quash and to suppress evidence found in the Campbell Street house is of special concern. A check of the docket back to April of 1992, approximately the time that this Judge took responsibility for this case, shows no filing of such a motion to quash. The government also asserts that there was no such filing. No such motion was renewed or argued during the course of the defendant's trial. The court will therefore not address the subject now.
This defendant, represented by highly competent counsel, made a decision to take the stand and testify. If memory serves, this court admonished counsel of the decision by Judge, now Justice, Stevens in Ledford v. United States, 525 F.2d 84 (7th Cir. 1975). This court is well aware of the values of Ledford since it was its obligation to retry the case on remand. This court drew a tight line on the federal prosecutor's ability to impeach this defendant by prior criminal offenses. The record will support such a conclusion.
This jury along with this Judge had an opportunity to see and hear this defendant's testimony and to weigh his credibility and believability. To the extent that this verdict is based upon a rejection of the basic believability and credibility of this defendant, this court would have arrived at precisely the same conclusion had it been sitting without a jury. The determination of credibility is at the very heart of the jury's function under the Sixth Amendment of the Constitution of the United States. When this defendant's testimony is weighed and considered along with all of the other testimony in the case, there is a firm factual foundation for both verdicts in this case. The key element that was argued as to both charges was the element of possession: in one case, the possession of a firearm and in the other case, a possession of a controlled substance. The evidence as to those elements of possession as to those two charges is clearly sufficient given the inference in favor of those verdicts which prevail at the end of all of the case. Under Jackson v. Virginia, 443 U.S. 307, 61 L. Ed. 2d 560, 99 S. Ct. 2781 (1979), and its more recent progeny, Andersen v. Thieret, 903 F.2d 526, 531 (7th Cir. 1990); Sumner v. Mata, 449 U.S. 539, 66 L. Ed. 2d 722, 101 S. Ct. 764 (1981); Dooley v. Duckworth, 832 F.2d 445 (7th Cir. 1987), cert. denied, 485 U.S. 967, 99 L. Ed. 2d 438, 108 S. Ct. 1239 (1988); United States ex rel. Haywood v. O'Leary, 827 F.2d 52 (7th Cir. 1987); Bryan v. Warden, Indiana State Reformatory, 820 F.2d 217 (7th Cir. 1987), cert. denied, 484 U.S. 867, 98 L. Ed. 2d 142, 108 S. Ct. 190 (1987); Shepard v. Lane, 818 F.2d 615 (7th Cir.), cert. denied, 484 U.S. 929, 98 L. Ed. 2d 256, 108 S. Ct. 296 (1987); and Perri v. Director, Department of Corrections, 817 F.2d 448 (7th Cir.), cert. denied, 484 U.S. 843, 108 S. Ct. 133, 98 L. Ed. 2d 90 (1987), a rational trier of fact, in this case a 12-person jury, could well have determined beyond a reasonable doubt that this defendant was guilty of both of the offenses with which he was charged and upon which he went to trial.
There can be no doubt that so-called "reverse buy" controlled substance cases are honored in this circuit. United States v. Sanders, 979 F.2d 87 (7th Cir. 1992); United States v. Aguilar, 948 F.2d 392 (7th Cir. 1991), and United States v. Ramos, 932 F.2d 611 (7th Cir. 1991). The factual setting of each of these cases has close parallels in this record. Also, Ramos, Cea, and Sanders raise sentencing issues that may arise here. To be sure, there are conspiracy issues there that are not present here as a result of rulings made by this court adverse to the prosecution.
This court does not conceive that the Assistant United States Attorney intentionally placed perjured testimony before the jury in this case as prohibited in United States v. Kaufmann, 783 F.2d 708 (7th Cir. 1986), nor in violation of Giglio v. United States, 405 U.S. 150, 31 L. Ed. 2d 104, 92 S. Ct. 763 (1972). See also Ross v. Heyne, 638 F.2d 979 (1980).
The defendant in paragraph 14 of his post-trial motions challenges the lack of an expert chemist testifying as to Government Exhibit Cocaine 3. This court has carefully reviewed the testimony on both direct and cross-examination of Robert Krefft, a chemist with the Drug Enforcement Agency. It is true that Mr. Krefft concentrated on the other drug exhibits, Government's Cocaine 1 and 2, and did not address the items alleged to be drug packages found in the Campbell Street house. The government, however, did not emphasize Exhibit 3, either, and this court allowed its admission "for what it is worth." The record appears to show that the defendant's only objection to its admission was part of a continuing objection to everything found in the Campbell Street house. See page 419 of the trial transcript:
MR. RIMLAND: Objection, your Honor.
THE COURT: State briefly the basis.