United States v. Mitchell

816 F.3d 865 (D.C. Cir. 2016)

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Nature of the Case

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Facts

DEA agents executed an arrest warrant for D at a Gardena, California hotel on February 6, 2013. They seized a scrap of paper from his pocket with the name 'Eric Gates' written on it. The agents found four cell phones in Ds hotel room, one of which displayed a text message with a UPS tracking number that was open and visible to the agents, and another scrap of paper with addresses for an 'Eric Gates' in Gardena and a 'Lisa Carter' in the District of Columbia. Corporal Reighard intercepted two packages from the Prince George's County UPS facility before the packages could be delivered to the District addresses. Reighard seized the first package-corresponding to the tracking number displayed on Mitchell's phone at the time of his arrest-on February 8, 2013. The package contained three 64-ounce bottles filled with amber liquid. Agent Abdalla took samples from the bottles and the DEA laboratory determined that the amber liquid in one of the bottles, weighing 1,148 grams, contained 15.7 percent PCP. Reighard seized the second package-addressed to 'Lisa Carter' and shipped by 'Eric Gates'-on February 12. This package contained a 32-ounce bottle filled with amber liquid. A sample was removed from the bottle by Abdalla. The DEA laboratory determined that the bottle's amber liquid, weighing 776.7 grams, contained 15.9 percent PCP. Reighard took custody from the UPS facility in Burtonsville, Maryland of a package that was addressed to the mother of one of D's children. The package contained two one-gallon and four 64-ounce plastic bottles filled with amber liquid. Reighard stored the unopened bottles at the Prince George's County Police Department until May 7, 2013, when the DEA connected the tracking number for the July 1, 2011 package to D. A sample was removed from each of the six bottles by Abdalla and the DEA laboratory, after testing one sample, found that the amber liquid from that bottle, weighing 482.8 grams, contained 13.9 percent PCP. D was indicted for conspiracy to possess with intent to distribute one kilogram or more of a mixture or substance containing PCP. D claims that P failed to adequately authenticate and prove the chain of custody for the samples tested at the DEA laboratory and used to show D's constructive possession of the PCP. D claims P failed to track, with specificity, the evidence from its seizure to the DEA laboratory. At trial, D objected to the chain of custody before DEA forensic chemist John Liu (Liu) testified. Sherri Tupik (Tupik), a DEA chemist, initially tested the 2012 and 2013 samples. Tupik was unavailable to testify at trial and P enlisted Liu to retest the samples, produce new reports and be available to testify regarding his reports at trial. D claims that he should have had the opportunity to confront Tupik because Liu allegedly relied on her reports in generating his reports and his reports were the only ones introduced into evidence at trial. D opined there was no chain of custody for Liu's reports, and so there is no way to establish what drugs these were seized from. Detective Abdalla who also handled all the initial samples from the original bottles of evidence could not recall whether he gave the evidence bags containing to another officer or whether he handled the bags himself. The evidence was admitted. D was convicted and appealed on the grounds of the chain of custody.