United States v. Millard P. Chambers

A jury found Millard P. Chambers guilty of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). On appeal, Chambers argues the evidence was insufficient to support the verdict, the trial court erred in instructing the jury, he received ineffective assistance of counsel, and the trial court erred in admitting certain photographs into evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

FACTS

On April 30, 1988, officers of the San Francisco Police Department stationed themselves on Lillian Street in the “high crime narcotics” neighborhood of Hunter’s Point. Sometime after 1:00 p.m., the officers saw a blue van speed around a corner toward their unmarked cars. A passenger was in the van with the driver. The van moved so fast that it swerved into oncoming traffic, barely avoiding a collision.

In response, Officer Peter Busalacchi activated the siren and red light in his car, and pursued the van. The van stopped around the corner. Officer Busalacchi approached the van and saw the passenger “doing something in between” the front bucket seats. The van then sped away.

Although other police cars were now in pursuit, the van continued…