08-4143 U.S. v. Adams

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Criminal Procedure

Harmless error

Where the evidence of guilt is overwhelming, the conviction must be affirmed, despite numerous errors.
“[W]e have determined there were at least three errors. In violation of Adams’s right to confront his witnesses, the district court admitted the statements of the non-testifying CI to Officer Broderson and the statements of the non-testifying CI to Officer Gault. There was also a third error, in that the prosecutor improperly vouched for Smith’s truthfulness. However, we are not convinced that ‘but for the errors, the outcome of the trial probably would have been different.’ Id. As to the possession with intent to distribute charge, the evidence is overwhelming. The crack cocaine was found in his possession while left alone in a booking cell at a police station. The amount of the drugs found, and their hidden location inside his rectal area, were enough for a jury to infer he had the intent to distribute them. As to the conspiracy charge, the strongest witnesses against Adams were his co-conspirators. And those witnesses, if believed, would have been more than sufficient to convict Adams. These co-conspirators testified consistently and corroborated Adams’s involvement and participation in their conspiracy to distribute crack cocaine. The multiple errors that occurred were unfortunate, but the record here fairly demonstrates Adams’s guilt, ‘such that none of the asserted errors, either individually or cumulatively’ could have affected the jury’s result. Anderson v. Sternes, 243 F.3d 1049, 1055 (7th Cir. 2001).”

Affirmed.

08-4143 U.S. v. Adams

Appeal from the United States District Court for the Central District of Illinois, McDade, J., Williams, J.

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