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United States v. Linzy

April 27, 2010

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
AARON MICHAEL LINZY, SR., DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Central District of Illinois. No. 08-CR-40009-Michael M. Mihm, Judge.

The opinion of the court was delivered by: St. Eve, District Judge.

ARGUED FEBRUARY 26, 2010

Before FLAUM and WOOD, Circuit Judges, and ST. EVE, District Judge.*fn1

On January 29, 2008, a federal grand jury indicted Defendant Aaron Michael Linzy, Sr. and his co-defendant Jarvell Jones with one count of conspiracy to distribute various controlled substances, namely, crack cocaine, methylenedioxy-methamphetamine (ecstasy), and marijuana (Count I), and one count of unlawful possession with intent to distribute crack cocaine, ecstasy, and marijuana (Count II). See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A, C, D), 846. On October 15, 2008, a jury convicted Linzy on both counts of the Indictment, and on April 17, 2009, the district court sentenced Linzy to a term of life imprisonment on both counts, to run concurrently, ten years' supervised release, and a $200 special assessment. On appeal, Linzy challenges his conviction arguing that the district court abused its discretion in restricting defense counsel's cross-examination of his co-defendant Jones. We affirm the district court.*fn2

FACTUAL BACKGROUND

In early 2007, Linzy and two other men, Deshawn Hemphill and Marquis Gentry, lived in an apartment in Charles City, Iowa from which they sold crack, ecstasy, and marijuana. In April 2007, Jarvell Jones, who was living in Elgin, Illinois, contacted Hemphill and said he needed to get out of the Chicago area because there was a warrant for his arrest on first-degree murder charges. At Hemphill's suggestion, Jones joined Hemphill, Gentry, and Linzy in the Charles City apartment and soon started selling drugs with them. Jones' girlfriend, Jasmine Spates, also moved into the Charles City apartment later that year.

Linzy, Hemphill, Gentry, and Jones worked in shifts selling drugs. Together, the four men sold about 63 grams or 1/16 of a kilogram of crack a week. When their crack supply was running low, Hemphill contacted his crack supplier, a man named "Kane," who lived in Maywood, Illinois, a suburb of Chicago, to obtain another "63". Because Linzy was the only one in the group with a driver's license, he often traveled to Maywood to pick up the crack.

In early November 2007, Jones went to Chicago for a friend's birthday. While he was there, Jones purchased ecstasy and marijuana to take back to Iowa. On November 6, 2007, Hemphill called Jones in Chicago informing him that Linzy was coming to Chicago to "cop some" and that Jones could ride back to Iowa with Linzy. Around 10:30 p.m. on November 6, 2007, Linzy, accompanied by Jones' girlfriend Spates, arrived in Chicago and picked up Jones at the house where he was staying. They then drove to Kane's house in Maywood. Upon arrival, Linzy and Jones went into the house where Linzy paid Kane approximately $1,200 and received a quantity of crack from him. After going to Kane's house, Linzy, Jones, and Spates made another stop in Chicago where Jones picked up a red suitcase that contained his clothes, along with the ecstasy and marijuana that Jones previously had purchased. Thereafter, Linzy put the crack in Jones' red suitcase, which was in the trunk of Linzy's silver Cadillac. Linzy, Jones, and Spates then began to drive back to Iowa.

At about 1:30 a.m. on November 7, 2007, while driving westbound on Interstate 80 in Rock Island County, Illinois, State Trooper Jared Steen observed a silver Cadillac with Iowa license plates improperly crossing over a lane line in violation of Illinois law. Trooper Steen followed the Cadillac because he was concerned the driver might be under the influence of alcohol. He also activated his in-vehicle video camera and used his on-board computer to run the silver Cadillac's registration information. From his computer inquiry, Trooper Steen learned that the Cadillac was registered to Linzy, who lived in Charles City, Iowa. Trooper Steen also learned that Linzy had a valid Iowa driver's license, but that his driving privileges in Illinois had been suspended.

As Trooper Steen continued to follow the silver Cadillac, he saw it improperly cross over the line separating the driving lane from the passing lane for a second time. At that point, Trooper Steen turned on his emergency lights and initiated a traffic stop. After the Cadillac pulled over, Trooper Steen approached the driver who identified himself as Linzy. Trooper Steen then saw that the Cadillac had two passengers, a woman in the front and a man in the back. Thereafter, Trooper Steen asked Linzy for his driver's license and registration. Linzy provided Trooper Steen with the requested documents and answered Trooper Steen's questions "in an almost frantic manner."

After he obtained Linzy's driver's license and registration, Trooper Steen returned to his squad car, radioed his headquarters, and confirmed that Linzy's Illinois driving privileges had been suspended. Trooper Steen went back to the Cadillac, arrested Linzy for driving on a suspended license, and placed him in the back of the squad car. Trooper Steen asked Linzy if either of his passengers had a driver's license. Linzy answered that they did not and then Trooper Steen spoke to the passengers. The woman identified herself as Jasmine Spates. The man, who was later determined to be Jarvell Jones, identified himself as "Deeric Mosley." Neither Spates nor "Mosley" had a driver's license. Because neither passenger could drive Linzy's car, Trooper Steen called another trooper for assistance to transport the passengers from the roadside. Trooper Steen also called for a tow truck.

Approximately fifteen minutes later, Trooper Dan Erickson, who was a K-9 handler, arrived at the scene to assist with transporting the passengers. Troopers Steen and Erickson decided to have Erickson's dog, who was certified to detect the odor of drugs, conduct a "free air sniff" of Linzy's car. At the car's trunk, the dog alerted to the presence of drugs. Trooper Steen then searched the trunk and found the red suitcase containing crack, ecstasy, and marijuana.

On June 11, 2008, Jones pleaded guilty to the conspiracy charge in Count I of the Indictment pursuant to a plea agreement. Pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C), the government agreed to cap Jones' sentence at the mandatory minimum sentence of 20 years. In return, Jones agreed to cooperate fully with the government, including to testify at Linzy's trial. Before trial, Linzy moved in limine to impeach Jones with his use of the alias "Deeric Mosley" and with the fact that he had an active arrest warrant and a pending first-degree murder charge in Cook County, Illinois. The district court ruled that Linzy could question Jones about the alias, but could only refer to the pending murder charge as a "very serious felony charge."

At Linzy's jury trial, Jones testified that he had pleaded guilty to participating in a federal drug conspiracy and that pursuant to his plea agreement, he agreed to cooperate with the government. Jones further testified that he called Hemphill in Iowa in April 2007 because he had an active arrest warrant and was trying to get out of Chicago. Jones admitted that he sold drugs in Charles City, Iowa starting in April 2007 and that he sold drugs with Linzy. In addition, Jones testified that Kane, ...


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