United States v. Tingle

Indiana State Police conducted controlled buys at Tingle’s residence, then executed a search warrant. They found 165 grams of methamphetamine, digital scales, $5,520 in cash in the house plus $1,190 on Tingle’s person, and eight firearms, including a loaded handgun on a desk containing methamphetamine. The government offered Tingle a plea deal, stating that if he rejected the offer, it would seek a superseding indictment adding charges to increase the mandatory minimum sentence. Tingle rejected the offer. Tingle unsuccessfully moved to dismiss the additional charges based on prosecutorial vindictiveness. Tingle’s motions seeking disclosure of grand jury testimony and to suppress items found in the search were also denied. The court barred the government from introducing a 1982 drug conviction. The court stated that it would not label any witness as an “expert witness,” but nonetheless gave a jury instruction on expert witnesses, without identifying which witnesses were considered experts. The parties did not object. Tingle admitted to possessing the methamphetamine, but denied the distribution allegations, claiming the drugs were for personal use on a year‐long boat trip. The Seventh Circuit affirmed Tingle’s convictions for possessing and distributing methamphetamine and possessing a firearm in furtherance of a drug trafficking crime, rejecting arguments concerning the jury instruction, witness testimony about Tingle’s mental state, access to grand jury materials, and prosecutorial vindictiveness. View "United States v. Tingle" on Justia Law