United States v. Schmitt

Evansville detectives received a tip from Hutchinson that Hutchinson’s neighbor, Schmitt had acquired a semi-automatic assault rifle in exchange for $200 and two grams of methamphetamine. Hutchinson had arranged the deal and stated that Schmitt had the gun at home. With an arrest warrant, SWAT officers entered Schmitt’s residence the next day and immediately found Schmitt and Wyatt, and, in plain view, marijuana, methamphetamine, and pills containing controlled substances. Less than five minutes later, an officer in the basement saw a semiautomatic rifle and loaded magazines. They obtained a warrant to seize the drugs, firearm, and related evidence. Schmitt was indicted for possessing a firearm as a felon. The district judge denied a motion to suppress, finding that the gun was in plain view during a protective sweep. Schmitt, who pled guilty in state court to possession of the drugs, also moved to exclude the drugs. Finding that the drug evidence was “inextricably intertwined with the charged act,” and “would be a motive for the defendant to have a firearm,” the federal court concluded that its probative value outweighed its prejudicial effect. At trial, the judge allowed introduction of Schmitt’s state conviction record. Schmitt was sentenced to 110 months’ imprisonment. The Seventh Circuit affirmed. The court should not have admitted Schmitt’s conviction; Schmitt did not open the door to that evidence and it was not relevant except to impeach the government’s own witness, but the error was harmless.View "United States v. Schmitt" on Justia Law