00-3043 U.S. v. Spiller

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“The government presented evidence that Spiller wrote the ledgers and that they were kept in his own bedroom, where he also kept crack equipment and proceeds. A party’s own statements offered against him are considered admissions by a party-opponent, and, as such, are not hearsay and are admissible under Fed. R. Evid. 801(d) (2)(A). See United States v. Harvey, 117 F.3d 1044, 1049-50 (7th Cir. 1997) (finding that if diaries referring to marijuana production were written by the defendant, they would not be inadmissible hearsay ‘because they would be statements made by a party-opponent.’).

“Moreover, even if the records were improperly admitted, any error was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18 (1967). First, at a minimum, the ledgers were properly admissible as ‘tools of the trade’ for a crack house and could be considered by the jury in that capacity. Additionally, the evidence against Spiller, even apart from the ledgers, persuasively established his guilt. Without the ledgers, the jury still heard ample evidence regarding the drug buys on July 1, 1999, regarding the drug paraphernalia and marked drug money found on his premises, and testimony from the numerous witnesses who purchased crack cocaine from him on a weekly basis during the time period in question. This evidence alone established Spiller’s guilt on Counts I through III beyond a reasonable doubt and any error in admitting the drug ledgers was harmless.”

Appeal from the United States District Court for the Southern District of Illinois, Beatty, J., Manion, J.