United States v. Griffin

150 F.3d 778 (1998) United States Court of Appeals for the Seventh Circuit 1998-07-30

criminal; bench trial conviction for possession of cocaine with intent to distribute; on appeal defendant challenges (besides suppression and Guidelines rulings) the sufficiency of the evidence that he knowingly possessed the cocaine found in his vehicle; conviction and sentence affirmed (result: claimant-won)

Facts

  1. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    The police officers were surveilling Boutique Chicago as they witnessed Griffin hand the key to his Yukon to the Hispanic male, who drove to a different area of Chicago, loaded a large, tan box in the cargo space of the vehicle, and returned to Boutique Chicago.
  2. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    However, the trier of fact is entitled to infer knowledge from circumstantial evidence.
  3. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    When Detective Bobko questioned Griffin he was nervous, had difficulty speaking, and was breathing rapidly.
  4. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    During Detective Bobko’s interrogation, Griffin explained that during the day someone had used his Yukon, yet he conveniently could not remember who had used his vehicle nor who the person was who had told him that someone else had driven the vehicle.
  5. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    After obtaining a search warrant, the officers entered his car and uncovered $1,250,000 worth of cocaine, a digital gram scale, and a gun in Griffin’s briefcase.
  6. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved
    From the totality of the circumstances surrounding the arrest and Griffin’s extreme anxiety, the district court, as trier of fact, was entitled to infer that Griffin knew of the cocaine in his vehicle’s cargo space.
  7. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    The officers found a large, tan box in the middle of the rear cargo space which they had seen the Hispanic male place in Griffin’s Yukon earlier in the day.
  8. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    Detective Bobko testified that he watched the Yukon for the remainder of that day, observing that no one else had access to Griffin’s vehicle.
  9. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    When Griffin pulled over after exiting the expressway without direction from the police officers, he was the only person in the Yukon.
  10. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved
    During the bench trial and from reviewing the record, we are convinced that the trial court weighed the evidence, made credibility determinations, and found that Griffin was guilty of possession of cocaine with the intent to distribute beyond a reasonable doubt.
  11. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    Detective Bobko, armed with the search warrant, opened the box and found ten plastic wrapped compressed packages filled with what appeared to be cocaine, as well as a cardboard box with a small electronic digital gram scale.
  12. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    They also uncovered a briefcase on the floor of the front passenger side of Griffin’s Yukon which contained a loaded .45 caliber semi-automatic pistol, a cellular phone, and two safety deposit box keys.
  13. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved
    The court also considered the evidence of Griffin’s reactions to Detective Bobko’s inquiry about drugs and that a loaded gun and scale were found after the police searched Griffin’s vehicle, which are the usual tools of a drug dealer.
  14. 5 Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2)) satisfied conceded
    After obtaining a search warrant, the government discovered not only $1,250,000 worth of cocaine, but also a digital gram scale, and a gun in Griffin’s briefcase.