United States v. Bryant

Bryant, a cocaine‐running “general” in the Black P. Stones gang, was indicted in 2007 for conspiracy to distribute 50 grams or more of crack cocaine and 500 grams or more of cocaine; possession of 500 grams or more of cocaine with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a felon. Due to Bryant’s two prior drug felonies and the allegation that at least 50 grams of crack were involved, he faced mandatory life imprisonment without release, 21 U.S.C. 841(b)(1)(A)(iii). Bryant pled guilty in an effort to avoid that sentence. An agreement set forth Bryant’s plea and the government’s sentencing recommendation; a letter from the assistant U.S. attorney to Bryant’s lawyer immunized Bryant from the direct use of the statements he would provide in cooperating. Bryant also provided information to Illinois authorities under a separate agreement to which the U.S. was not a party. Illinois promised that his statements would not be used against him directly in “any criminal prosecution,” but required that he tell the truth. Bryant confessed to state authorities that he participated in a triple murder. Illinois shared Bryant’s statements with the U.S., which used the confessions directly, over his objection, to convict him of three murders. The Seventh Circuit affirmed denial of his pretrial motions, noting that the plain language shows that the U.S. never immunized statements Bryant would make in cooperation with other authorities.View "United States v. Bryant" on Justia Law