Summary
The Eighth Circuit affirmed the conviction and most sentencing aspects of Rossi Adams, who conspired to use violence to force a domain name transfer, but reversed the taxation of grand jury witness costs. The court held that the district court did not clearly err in denying Adams's Batson challenge to the government's peremptory strike of the only Black juror, as the proffered race-neutral reasons (prior conviction, unemployment) were not pretextual. It also found that any hearsay error in admitting testimony about Adams directing followers to crash a victim's phone was harmless given overwhelming evidence of guilt, and that the district court properly ordered reimbursement of attorney fees under 18 U.S.C. § 3006A(f) without the cap in § 3006A(d)(2). The sentencing enhancements for discharge of a firearm, serious bodily injury, and threat of death were affirmed as reasonably foreseeable and not impermissible double counting.
Topics
Questions Presented
- Whether the district court clearly erred in denying the Batson objection to the strike of the only black prospective juror.
- Whether the district court abused its discretion in admitting testimony from Miller about messages and a video.
- Whether the district court erred in taxing grand jury witness costs as costs of prosecution.
- Whether the district court erred in ordering $22,000 in attorney fees reimbursement.
- Whether the district court procedurally erred in applying sentencing enhancements for discharge of a firearm, serious bodily injury, and threat of death or bodily injury.
Holdings
- The district court did not clearly err in finding that the Government's proffered reasons for striking the black prospective juror were race-neutral and not pretextual, and the district court did not plainly err in completing the third step of the Batson analysis.
- Even if the testimony was inadmissible hearsay, its admission was harmless because the testimony concerned a collateral issue and there was overwhelming evidence of guilt.
- The district court abused its discretion by taxing costs for grand jury witnesses because such costs are not taxable under 28 U.S.C. § 1920; the part of the order imposing those costs is reversed.
- The district court did not abuse its discretion in assessing costs for K.G. because her testimony was material and a circumstance (the defendant's accommodation request) rendered her testimony unnecessary, overcoming the presumption of non-materiality.
- The district court did not err because § 3006A(d)(2) does not limit reimbursement of attorney fees by a non-indigent defendant under § 3006A(c) and (f).
- The district court did not err because Hopkins's discharge of the firearm was reasonably foreseeable to Adams given Adams's knowledge of Hopkins's violent history, seeing the firearm, intending violence, and orchestrating the offense.
- The district court did not err because Ethan's gunshot wound required medical intervention (hospitalization and stitches), constituting serious bodily injury.
- The district court did not err because the base offense under § 2B3.2 and the statute of conviction (18 U.S.C. § 1951) do not require a threat of death, bodily injury, or kidnapping, so the increase accounts for a separate harm.
Key quotations
“The Equal Protection Clause of the Fourteenth Amendment prohibits striking a juror when the strike is 'motivated in substantial part by discriminatory intent.'” (5)
“An evidentiary error is harmless when, after reviewing the entire record, we determine that the substantial rights of the defendant were unaffected, and that the error did not influence or had only a slight influence on the verdict.” (8)
“Absent explicit statutory or contractual authorization to the contrary, federal district courts may tax as costs only those expenses listed in [28 U.S.C.] § 1920.” (9)
“in order for fees to be taxable for witnesses who appear voluntarily and who are not called to testify, it must be shown that their testimony is material.” (9)
Factual background
Adams, an internet entrepreneur, sought to acquire the doitforstate.com domain from Ethan Deyo. After unsuccessful negotiations, Adams recruited his cousin Sherman Hopkins, Jr. to break into Deyo's home and force him to transfer the domain. Hopkins entered Deyo's home, tased him, and shot him in the leg. Adams's palm print was found on the demand note, and he called GoDaddy the next day inquiring about the domain transfer.
Procedural history
Adams was indicted on one count of conspiracy to interfere with commerce by threats and violence, tried, convicted, and sentenced to 168 months' imprisonment. He appeals.
Remand instructions
On the issue of grand jury witness costs, the district court's order is reversed; the case is remanded for amendment of the costs order consistent with the opinion.