Brooks

BACKGROUND

The drug investigation in this case began in New York and moved to Seattle, where the Drug Enforcement Administra- tion (“DEA”) obtained a wiretap and intercepted Brooks’s calls from April 4, 2003 through August 1, 2003. Two teams of agents in Seattle also conducted full-time surveillance of Brooks and his associates. The coordinated efforts revealed that Brooks and others were obtaining, distributing, and exchanging illegal drugs.

Brooks was arrested on August 4, 2003. The final indict- ment charged him with multiple counts of possessing drugs and firearms. During a long trial lasting most of June 2004, the government presented extensive testimony, wiretap evi- dence, and seized items, including drugs and a TEC DC9 9 millimeter handgun. During closing argument, defense coun- sel conceded “that the proper verdicts in this case on behalf of Mr. Brooks would be to find him guilty of [Counts] 15, 17, and 18.” The jury found Brooks guilty of all counts.

Brooks was sentenced to imprisonment of 20 years on the drug counts—the mandatory minimum—and five years on the firearm count, with 10 years of supervised release.

We review in turn the four areas of concern raised on…