No. 23-2211 ___________________________

United States of America

Plaintiff - Appellee

v.

Ledra A. Craig, also known as Volley

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: January 9, 2024 Filed: March 1, 2024 ____________ Before SMITH, Chief Judge, GRUENDER and SHEPHERD, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

Ledra Craig was convicted by a jury of (1) one count of conspiracy to distribute fentanyl, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C), (2) one count of distribution of fentanyl, in violation of § 841(a)(1) and (b)(1)(C), (3) two counts of distribution of fentanyl resulting in serious bodily injury, in violation of § 841(a)(1) and (b)(1)(C), and (4) one count of distribution of fentanyl resulting in death, in violation of § 841(a)(1) and (b)(1)(C). The district court 1 sentenced him to 420 months’ imprisonment and 3 years of supervised release. He now appeals. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

On August 2, 2020, Craig approached two men, R.P. and N.B., at a casino in St. Charles, Missouri and offered to sell R.P. cocaine. Afterward, Craig entered the restroom with another man, L.T., and the two remained there for about five minutes. Shortly after, casino employees found L.T. alone and unconscious on the floor, and they rendered emergency aid. L.T. eventually recovered, and a toxicology report later revealed fentanyl in his bloodstream. Meanwhile, Craig met with R.P. in the casino’s parking garage at the vehicle of another man named Brian Walker. From Walker’s car, Craig sold R.P. fentanyl, which R.P. believed was cocaine. R.P. was then joined by N.B., and the two left the casino. R.P. and N.B. were found unconscious a few hours later in N.B’s car, which had rolled to a stop in front of a residence. N.B. was revived, but R.P. ultimately died. Officers were able to locate Walker after identifying his vehicle through the casino’s surveillance footage, and Walker helped arrange a controlled buy from Craig to an undercover officer. Following the controlled buy, Craig was arrested. At the police station, he made a statement to officers after waiving his Miranda 2 rights, but the statement was not recorded. He later consented to a search of his home, which revealed more fentanyl. He was taken back to the police station and made another statement, which officers recorded.

Craig was indicted on several fentanyl-related charges—conspiracy to distribute, distribution resulting in serious bodily injury, and distribution resulting in death. Before trial, Craig moved to suppress his statement to officers, alleging police

1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. 2 Miranda v. Arizona, 384 U.S. 436 (1966). -2- misconduct rendered both his Miranda waiver and consent to search his home invalid. After an evidentiary hearing, the magistrate judge 3 issued a report and recommendation that Craig’s motion to suppress be denied, finding that Craig had voluntarily waived his Miranda rights. The district court adopted the report and recommendation in full and denied Craig’s motion. The Government subsequently filed a motion in limine seeking to prohibit Craig from alleging that police engaged in misconduct in obtaining Craig’s post-arrest statements. The distric