In the

United States Court of Appeals 

For the Seventh Circuit ____________________ 

No. 20-3119 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

v.

JEREMIAH S. FARMER, 

Defendant-Appellant. 

____________________ 

Appeal from the United States District Court for the

Northern District of Indiana, Hammond Division.

No. 15-cr-72-27 — Philip P. Simon, Judge. 

____________________ 

SUBMITTED JANUARY 20, 2022* — DECIDED JUNE 28, 2022 

____________________ 

Before ROVNER, BRENNAN, and ST. EVE, Circuit Judges. 

ST. EVE, Circuit Judge. Appellant Jeremiah Farmer, a member of the Latin Kings street gang, brutally bludgeoned Marion Lowry and Harvey Siegers to death with a hammer in 

1999. In 2019, a federal jury convicted Farmer of conspiracy to 

participate in racketeering activity, in violation of the 

* We granted the parties’ joint motion to waive oral argument for this case.
2 No. 20-3119 

Racketeer Influenced and Corrupt Organizations Act 

(“RICO”) 18 U.S.C. § 1962(d), and conspiracy to possess illegal narcotics with intent to distribute, in violation of 21 U.S.C. 

§ 846. The district court sentenced Farmer to a term of life imprisonment. Farmer now challenges his convictions and sentence in arguments raised both by appointed appellate counsel and pro se. We disturb neither Farmer’s conviction nor his 

sentence.

I. Background

On this procedural posture, we view the evidence in the 

light most favorable to the government and describe the facts 

assuming the jury believed the government’s evidence. United 

States v. Amaya, 828 F.3d 518, 523–24 (7th Cir. 2016). At trial, 

the government presented evidence concerning the gang in 

general and Farmer’s individual conduct. Farmer admits he 

was a Latin King and does not dispute significant details 

about the gang’s structure and operation or his participation. 

A. The Latin Kings and Jeremiah Farmer 

The Latin Kings are a violent street gang headquartered in 

Chicago, Illinois and operating out of local chapters known as 

“hoods.” The Latin Kings engage in various illegal enterprises, including trafficking in drugs, guns, and murder. Latin 

Kings members are required to “put in work” for the gang, 

which includes selling drugs, committing robberies (referred 

to as “hitting licks”) and remitting the proceeds to the gang, 

attacking members of rival gangs, and intimidating witnesses 

(called “snitches”) who might testify against Latin Kings 

members. Latin Kings are also expected to pay membership 

dues and attend regular hood meetings where they discuss 

gang business. 
No. 20-3119 3

Latin Kings identify each other through a series of visual 

and verbal symbols and identifying marks. They use distinctive handshakes and gang signs which only members are permitted to use. Many Latin Kings get gang symbols tattooed 

on their bodies and faces. Only current Latin Kings are permitted to have such tattoos. The gang’s rules are laid out in a 

manifesto distributed to each member of the gang. 

Although his precise date of initiation is unclear, Farmer 

became a member of the Latin Kings in the mid-1990s. In 1997, 

Farmer hit a man with a brick, stole over $1,000, and used the 

money to buy drugs on behalf of the Latin Kings. That same 

year, Farmer bragged to Tiffany Malinauskas, his then-girlfriend, about being a King and holding a leadership role 

within the organizations, had gang tattoos, used gang signs 

and handshakes with other Latin Kings, and possessed a gang 

manifesto. In a 2016 phone conversation, Farmer claimed he 

had been a member of the Latin Kings for 21 years.

As a Latin King, Farmer attended mandatory hood meetings, paid gang dues, and committed crimes on behalf of the 

organization. Farmer sold drugs and guns to Latin Kings 

members Gabriel Jalomos, and Oscar Gonzalez. Malinauskas 

witnessed Farmer sell cocaine and crack cocaine. In 1997 or 

1998, Farmer shot at a house because the occupants were “a 

bunch of snitches.” In 2009, Farmer hit Joe Gursky in the face 

with a crowbar, pointed a gun at him as he lay on the ground, 

informed Gursky he was under orders to kill him for “snitching on brothers,” and told Gursky not to go to the police. 

Farmer then stole money from Gursky’s wallet. Farmer remained an active member of the Latin Kings while incarcerated in Indiana State prison in 2010 and bragged about holding a leadership position within the gang. 
4 No. 20-3119 

B. The Lowry and Siegers Murders 

Marion Lowry owned Calumet Auto Rebuilders (“Calumet Auto”), at which Harvey Siegers worked. Calumet Auto 

was located in Latin Kings territory adjacent to a convenience 

store and laundromat where gang members dealt drugs. In 

the months leading up to June 1999, many Latin Kings, including Farmer, believed Lowry and Siegers were “snitching” 

on the gang’s activities to police. Farmer and other Latin 

Kings smashed car windows at Calumet Auto to intimidate 

Lowry and Siegers and deter them from speaking with police. 

On June 25, 1999, Clarissa Holodick saw a white man with 

blonde hair running away from Calumet Auto. Holodick entered Calumet Auto and discovered Lowry and Siegers lying 

in a pool of blood. Their injuries were horrific. Both suffered 

blunt force trauma to the head and face resulting in multiple 

skull fractures. Lowry had numerous brain lacerations. Siegers had a broken jaw, a large hole in the front of his skull, and 

a lacerated eyeball which had popped out of its socket. Lowry 

was already dead by the time first responders arrived at the 

scene. Siegers succumbed to his injuries later at the hospital.

Law enforcement recovered a distinctive pair of sunglasses at 

the scene which were later identified as belonging to Farmer. 

The specifics of Lowry and Siegers’s injuries were not publicized. 

Within an hour of discovering Lowry and Siegers, Holodick described the man she saw fleeing from Calumet Auto to 

law enforcement and began working with Alcohol Tobacco 

Firearms and Explosives Special Agent Eric Ellis to create a 

composite sketch using Electronic Facial Identification Technique. Holodick described each feature of the suspect. If the 

sketch did not reflect her recollection of that feature, Ellis 
No. 20-3119 5

altered the sketch until it matched Holodick’s description. 

The process took approximately 4.5 hours. Law enforcement 

did not show Holodick any photos before or while she created 

the sketch. Once complete, law enforcement published the 

sketch around the community. Malinauskas and Glen Kok, a 

former Latin Kings member, saw the sketch and believed the 

suspect looked like Farmer. 

Farmer was upset the night of June 25, 1999, and appeared 

to have changed his clothing. Malinauskas recalled Farmer 

came home in a panic, bloody, and tried to wash his clothing 

with bleach. Jason Gibbs, a former Latin King, saw Farmer, 

who seemed agitated and freshly showered, later that night 

wearing a neighbor’s clothes. After the Lowry and Siegers 

murders, Farmer tattooed two filled-in teardrops on his face 

which, in Latin King circles, traditionally signifies the number 

of people the wearer has killed. 

Farmer repeatedly claimed responsibility for the Lowry 

and Siegers murders. Farmer told Byron Wren, a now-deceased member of the Latin Kings, he killed Lowry and Siegers because he feared they saw him shoot at a car and wanted 

to make sure they kept their mouths shut. Farmer described 

killing the men with a hammer and then stealing money. A 

few weeks after the murder, Farmer told Malinauskas he 

“killed two men with a hammer” and was scared because he 

believed he dropped his sunglasses at the scene. Farmer said

he murdered the men “for drug money, or something about 

money.” Farmer later recounted killing Lowry and Siegers 

with a hammer to Gibbs, describing how good it felt to hold 

“a man’s life in the palm of his hand,” the sensation of breaking bones and jaws and teeth, and what it was like to hit someone so hard their eye nearly fell out. Gibbs recalled Farmer 
6 No. 20-3119 

describing how Lowry and Siegers cried and begged for their 

lives. Farmer told Gibbs he killed the men because they 

should have known better than to “snitch” in Latin Kings territory. Farmer further told Gibbs he “hit a lick” after killing 

Lowry and Siegers. Robert Davis, a local youth, ran into 

Farmer at a basketball court where Farmer told him he “went 

into the garage, had a sledgehammer, and [ ] hit the guys.” 

Davis recalled Farmer repeating this story at a party. 

Almost two years later, on April 18, 2001, officers Thomas 

Grabowski and Anthony Adams showed Holodick a six-person photo identification array. While Holodick was able to 

eliminate four of the persons photographed, she was unable 

to affirmatively identify Farmer. Grabowski and Adams both 

testified the photo array Holodick viewed did not display 

names. In May 2001, Hammond police executed a search warrant at Farmer’s father’s house. Officers recovered scrapbooks, photographs, drawings, and letters written to and by

Farmer. 

C. The Coffman Assault

In the late 2000s, Katarina Coffman was associated with 

the Gangster Disciples, another violent street gang. The Gangster Disciples and the Latin Kings are rivals. During 2008 and 

2009, Coffman dealt drugs in Latin Kings territory. Farmer 

threatened Coffman in late 2008, warning her to stop dealing 

drugs in Latin Kings territory and that he would “come after 

her” if she continued. 

On February 24, 2009, Farmer and another man broke into 

Coffman’s house. Farmer and his accomplice put a gun in 

Coffman’s face, demanded drugs and money, and stole approximately $600 from her purse. While Farmer was leaving 
No. 20-3119 7

Coffman’s house, he shot her twice and her boyfriend once. 

As a result of the shooting, Coffman suffered permanent damage to her colon and ovaries. 

D. Pretrial Proceedings

The government ultimately charged Farmer in a Fifth Superseding Indictment on October 18, 2018, with one count of 

RICO conspiracy, in violation of 18 U.S.C. § 1962(d), and one 

count of conspiracy to possess illegal narcotics with intent to 

distribute, in violation of 21 U.S.C. § 846. Specifically, the government charged Farmer with “knowingly and intentionally 

conspir[ing] to conduct and participate, directly and indirectly, in the conduct of the affairs of the [Latin Kings] enterprise through a pattern of racketeering activity ... consisting 

of multiple acts involving murder[;] ... robbery[;] ... Hobbs 

Act Robbery[;] ... multiple acts [involving sex trafficking by 

force, fraud, or coercion[;] ... and multiple acts involving narcotics trafficking.” The indictment enumerated several specific acts alleged against Farmer, including murdering Lowry 

and Siegers. Finally, the indictment notified Farmer of the 

government’s intent to seek enhanced sentencing based on 

the Lowry and Siegers murders and conspiracy to possess 

and distribute illegal narcotics. 

In advance of trial, Farmer moved to suppress Holodick’s

identification sketch, contending it was unduly suggestive 

and unreliable. The district court denied Farmer’s motion. 

While Farmer argued Ellis should have solicited descriptions 

of the suspect from multiple witnesses, the district court 

noted that, unlike Holodick, the other witnesses “specifically 

said they could not see the runner’s face, so it’s hardly surprising that they were not asked to collaborate on the sketch.” 

Moreover, the district court found no evidence anyone 
8 No. 20-3119 

suspected Farmer of the Lowry and Siegers murders until 

well after Holodick completed the sketch or influenced Holodick to generate a sketch of Farmer’s face. Finally, the district court held in the alternative Holodick’s identification 

was sufficiently reliable based on her focus, level of detail, 

and confidence in the identification. Any doubt as to the accuracy of the identification bore on the weight of the evidence, 

not on its admissibility. 

E. Trial 

Farmer proceeded to trial on June 24, 2019. At the conclusion of evidence, the district court asked the government to 

prepare a redacted indictment removing the other defendants 

from the case caption and deleting any details that did not 

arise during trial. The government did so and provided a 

copy of the redacted indictment to Farmer’s counsel, the district court, and to the jury during their deliberations. 

Farmer objected to the district court’s refusal to instruct 

the jury on the “corroboration rule.” The district court declined to give the instruction because, “[o]nce there’s sufficient evidence to submit the case to the jury [under Rule 29], 

I think this issue becomes unimportant and really irrelevant.” 

Contrary to Farmer’s suggestion, “there isn’t just an uncorroborated admission in this case” but “several admissions 

that corroborate each other.” The district court noted the decision to give a corroboration instruction was within its discretion and deemed “the reasonable doubt instructions and 

the presumption of innocence instruction” adequately explained the government’s burden. 

The jury found Farmer guilty on both counts on July 9, 

2019. As to RICO conspiracy, the jury specifically found 
No. 20-3119 9

Farmer murdered Lowry and Siegers while committing or attempting to commit gang activity and conspired to distribute, 

or possessed with the intent to distribute, 5 kilograms or more 

of cocaine. With respect to Farmer’s narcotics conviction, the 

jury specifically found Farmer distributed, or possessed with 

the intent to distribute, 5 kilograms or more of cocaine and 

100 kilograms or more of marijuana. 

F. Sentencing and Appeal

The Probation Office calculated Farmer’s base offense 

level as 43, the highest possible offense level, a criminal history score of 12, and a criminal history category of V in the

Presentence Investigation Report (“PSR”). As Farmer was 

convicted under 18 U.S.C. § 1962(d), the most serious “underlying racketeering activity”—here, murder—determined 

Farmer’s base offense level. Probation recommended a fourlevel upward adjustment to Farmer’s base offense level because he was “an organizer or leader of a criminal activity that 

involved five or more participants.” U.S.S.G. § 3B1.1(a). Because Farmer’s base offense level was already at the maximum, Farmer’s effective total offense level remained 43.

Farmer’s offense level and criminal history score yielded a 

recommended Guidelines range of life imprisonment. 

The district court sentenced Farmer on October 27, 2020. 

Farmer represented himself pro se and raised various objections related to his trial and convictions. The district court 

overruled these factual objections and adopted the PSR without change. The district court sentenced Farmer to a term of 

life imprisonment on each count of conviction. 

Farmer raises two primary challenges to his conviction 

and sentence on appeal. First, Farmer argues his conviction 
10 No. 20-3119 

for RICO conspiracy was not supported by sufficient evidence. Second, Farmer claims the jury’s special finding he 

murdered Lowry and Siegers in connection with his membership in the Latin Kings was not supported by sufficient evidence, rendering his sentencing procedurally infirm. 

Although represented on appeal by appointed counsel, 

we granted Farmer leave to submit a supplemental pro se 

brief in which he presented nine additional bases for appeal. 

First, Farmer claims the government improperly used a federal task force officer to procure a search warrant. Second, 

Farmer argues the district court improperly denied his motion to suppress Holodick’s identification sketch. Third, 

Farmer maintains the district court erred in admitting evidence of Holodick’s photographic array identification. 

Fourth, Farmer suggests the district court erred in admitting 

evidence seized during the May 2001 search of his father’s 

home. Fifth, Farmer argues the district court wrongly declined to instruct the jury on the corroboration rule. Sixth, 

Farmer claims the government constructively amended the 

indictment. Seventh, Farmer claims the district court improperly imposed a leadership enhancement at sentencing. Eighth, 

Farmer maintains the government committed prosecutorial 

misconduct at trial. Ninth and finally, Farmer asserts the government gave an improper closing argument. 

None of Farmer’s bases for appeal—either raised by appointed counsel or pro se—are meritorious. 

II. Discussion

A. The RICO Conspiracy Conviction

RICO criminalizes, in relevant part, conspiring to “conduct or participate, directly or indirectly, in the conduct of 
No. 20-3119 11

[an] enterprise’s affairs through a pattern of racketeering activity.” 18 U.S.C. § 1962(c)–(d). To prevail at trial on a charge 

of RICO conspiracy, the government must show “(1) an 

agreement to conduct or participate in the affairs (2) of an enterprise (3) through a pattern of racketeering activity.” United 

States v. Brown, 973 F.3d 667, 682 (7th Cir. 2020) (internal quotations omitted). “Racketeering activity” includes murder, attempted murder, arson, robbery, extortion, and drug trafficking. 18 U.S.C. § 1961(1). A “pattern” of racketeering activity 

requires a minimum of two related predicate acts of racketeering committed within a 10-year period. United States v. 

Hicks, 15 F.4th 814, 816 (7th Cir. 2021); Amaya, 828 F.3d at 531; 

see also Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 

831 F.3d 815, 827–28 (7th Cir. 2016) (“To form a pattern, the 

predicate acts must exhibit ‘continuity plus relationship.’”) 

(quoting H.J. Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 239 (1989)). 

Farmer argues the government presented insufficient evidence to link the Lowry and Siegers murders or the Coffman 

assault to gang activity. To be clear, Farmer does not argue he 

did not commit these acts. Instead, Farmer merely claims he 

did so pursuant to motives independent of his Latin Kings 

membership. In reviewing the sufficiency of the evidence 

supporting Farmer’s RICO conviction, we “view the evidence 

‘in the light most favorable to the government’ and we will 

‘overturn the verdict only when the record contains no evidence, regardless of how it is weighed, from which the jury 

could find guilt beyond a reasonable doubt.’” Amaya, 828 F.3d 

at 523–24 (quoting United States v. Morales, 655 F.3d 608, 634 

(7th Cir. 2011)). We can neither reweigh the evidence nor reassess witness credibility. United States v. Faulkner, 885 F.3d 

488, 492 (7th Cir. 2018). Farmer faces a “nearly insurmountable” hurdle in challenging the sufficiency of the evidence. Id. 
12 No. 20-3119 

(internal quotations omitted). None of Farmer’s arguments 

meet this heavy burden. 

As to the Lowry and Siegers murders, Farmer argues first 

that the government did not supply evidence he was a member of the Latin Kings in 1999 and, second, that the government did not offer sufficient evidence he killed the men to advance the interests of the Latin Kings. By Farmer’s account, he 

killed Lowry and Siegers because they saw him shoot at a car 

in a crime unrelated to the Latin Kings and Farmer feared they 

would report him to the police. 

Although the precise date of Farmer’s membership is unclear, the government presented ample evidence from which 

a jury could conclude Farmer was a Latin King when he killed 

Lowry and Siegers in 1999. Kok and Gibbs testified Farmer 

was a Latin King as of the mid-1990s and at the latest by 1997. 

Malinauskas testified that, in 1997, Farmer bragged about being a Latin King, had gang tattoos, used gang signs and handshakes with other Latin Kings, and possessed a Latin Kings 

manifesto. The government offered evidence all these activities—wearing gang tattoos, using gang signs and handshakes, and possessing a manifesto—were restricted to active 

Latin Kings members. Further, in 2016, Farmer claimed to 

have been a member of the Latin Kings for 21 years, which 

would place his initiation at approximately 1995.

Similarly, a jury could easily conclude from the government's evidence that Farmer’s activity with the Latin Kings 

motivated him to murder Lowry and Siegers. The government offered evidence Farmer, along with other Latin Kings, 

believed Lowry and Siegers were “snitching” on gang activities—specifically, dealing drugs out of the adjacent convenience store and laundromat—to the police. Prior to the 
No. 20-3119 13

murders, evidence indicates Farmer and other Latin Kings 

damaged property at Calumet Auto to discourage Lowry and 

Siegers from reporting gang activity to law enforcement. 

Gibbs testified Farmer claimed he murdered Lowry and Siegers because they were in Latin Kings territory, were “snitching” on gang activity, and that he “hit a lick”—a term and activity related to the Latin Kings—after killing the men. Farmer 

also told Malinauskas he killed Lowry and Siegers “for drug 

money.” 

As to the Coffman assault, Farmer claims he robbed and 

shot Coffman of his own volition and unrelated to his involvement with the Latin Kings. Farmer does not dispute he was a 

member of the Latin Kings at the time of the assault. At trial, 

Coffman testified she was associated with the rival Gangster 

Disciples and sold weed in Latin Kings territory. The government produced evidence Latin Kings were expected to attack 

non-Latin Kings dealing drugs in their territory. Coffman testified, prior to the assault, Farmer told her to stop dealing 

drugs in Latin Kings territory and threatened to “come after 

her” if she continued. A jury could reasonably conclude 

Farmer subsequently made good on this threat. Coffman also 

testified, on the night of the assault, Farmer stole $600 from 

her purse. The government presented evidence Latin Kings 

were expected to remit the proceeds of their robberies to the 

gang. A rational jury could easily infer Farmer, a Latin King, 

complied with this obligation and stole some or all of the $600 

for the Latin Kings. 

The government also offered sufficient evidence of other 

qualifying predicate crimes. In addition to the specifically 

identified predicate acts, the government charged Farmer 

with RICO conspiracy “through a pattern of racketeering 
14 No. 20-3119 

activity ... involving ... robbery[,] ... Hobbs Act Robbery[,] 

... and multiple acts involving narcotics trafficking.” Gibbs 

testified Farmer hit a man with a brick, stole $1,000 from him, 

and used the money to purchase drugs on behalf of the Latin 

Kings. Jalomos, Gonzalez, and Malinauskas all testified they 

witnessed Farmer buying, selling, and manufacturing drugs. 

Jalomos and Gonzalez further testified Farmer sold them illegal guns in exchange for drugs. Gibbs provided evidence 

Farmer shot at a house in 1997 or 1998 because the occupants 

were “a bunch of snitches,” a term used to describe those reporting gang activity to law enforcement. Similarly, Gursky 

testified Farmer hit him in the face with a tire iron in 2009, 

stole his money, and threatened to kill him on Latin Kings orders because he was “snitching on brothers.” 

Farmer’s RICO conspiracy conviction is supported by 

overwhelming evidence. We will not disturb the jury’s judgment on sufficiency grounds. 

B. The Sentencing Enhancement

Ordinarily, the statutory maximum sentence for a RICO 

conspiracy conviction is 20 years’ imprisonment. 18 U.S.C. 

§ 1963(a). The maximum increases to life imprisonment, however, “if the violation is based on a racketeering activity for 

which the maximum penalty incudes life imprisonment.” Id.; 

see also United States v. Perez, 21 F.4th 490, 493 (7th Cir. 2021). 

The government sought enhanced sentencing under § 1963(a) 

in part for the criminal gang murders of Lowry and Siegers, 

for which Indiana law provides a sentence of death or life imprisonment where the defendant “committed the murder by 

intentionally killing the victim while committing or attempting to commit ... [c]riminal organization activity.” Ind. Code 

§ 35-50-2-9(b)(1)(I). To prove criminal organization activity, 
No. 20-3119 15

the government must provide evidence Farmer “(1) was an 

active member of a criminal gang, (2) had knowledge of the 

group’s criminal advocacy, and (3) had a specific intent to further the group’s criminal goals.” G.H. v. State, 987 N.E.2d 

1164, 1168 (Ind. Ct. App. 2013); see also Ferrell v. State, 746 

N.E.2d 48, 51 (Ind. 2001). “The specific-intent element requires proof of a nexus between furthering the goals of the 

criminal gang and the alleged crime.” G.H., 987 N.E.2d at 

1168. 

Farmer claims the government produced insufficient evidence to support the jury’s specific finding he murdered 

Lowry and Siegers “while committing or attempting to commit gang activity.” More precisely, Farmer asserts the trial evidence does not establish a “nexus” between his Latin Kings 

membership and the murders. Consequently, Farmer argues 

he was prejudiced at sentencing because the statutory maximum penalty increased from 20 years’ imprisonment to life 

imprisonment and his base offense level of 43, when combined with other enhancements, yielded a Guidelines range 

of life imprisonment. 

We review assertions of procedural error at sentencing de 

novo. Perez, 21 F.4th at 493. Because Farmer’s sentencing challenge is ultimately rooted in a challenge to the jury’s special 

finding, we review these arguments for sufficiency of the evidence. Faulkner, 885 F.3d at 492; see also Brown, 973 F.3d at 

682–99. The jury’s special finding will not be disturbed unless 

“‘no rational trier of fact could have agreed with the jury.’” 

Brown, 973 F.3d at 682 (quoting Cavazos v. Smith, 565 U.S. 1, 2 

(2011)); see also Amaya 828 F.3d at 523–24. 

Farmer’s sentencing challenge is effectively identical to 

that leveled against his RICO conspiracy conviction. For all 
16 No. 20-3119 

the reasons discussed above, the government provided more 

than enough evidence linking the murders to Farmer’s gang 

activity. Farmer fails to meet his “nearly insurmountable” 

burden, Faulkner, 885 F.3d at 492 (internal quotations omitted), of demonstrating the government produced “no evidence” supporting the jury’s special finding, Amaya, 828 F.3d 

at 523–24 (internal quotations omitted). 

C. Farmer’s Pro Se Arguments

We now attend briefly to Farmer’s pro se arguments. For 

the sake of organization, we group these arguments by the 

applicable standard of review. 

1. Precluded by Rule 12(b)(3)

We can quickly resolve several of Farmer’s pro se bases for 

appeal under Federal Rule of Criminal Procedure 12(c)(3). Defendants must move to suppress evidence in a pretrial motion. Fed. R. Crim. P. 12(b)(3)(C). Failure to “meet the deadline 

for making a Rule 12(b)(3) motion” renders the motion untimely. Fed. R. Crim. P. 12(c)(3). Rule 12(c)(3) permits conditional, plain error review of untimely suppression motions on 

appeal provided the defendant “shows good cause” for failing to make those arguments below. Id.; see also United States 

v. Murdock, 491 F.3d 694, 698–99 (7th Cir. 2007). Failure to establish good cause precludes appellate review of new suppression arguments. United States v. Sands, 815 F.3d 1057, 1061 

(7th Cir. 2015). 

Three of Farmer’s pro se arguments are new suppression 

arguments he failed to present to the district court. First, 

Farmer claims that, because a state police officer served as an 

affiant for a federal warrant, “all evidence that was derived 

from” that “search should have been suppressed as fruits 
No. 20-3119 17

from a poisoness [sic] tree.” Second, Farmer argues officers 

told Holodick his name while she was viewing the photographic identification array in 2001, which rendered the identification process “unduly suggestive.” Third, Farmer seeks to 

suppress evidence obtained from the execution of the May 

2001 search warrant. Farmer neither moved to suppress Holodick’s identification or the evidence obtained from the May 

2001 search nor, in the case of the search, objected to its admission into evidence at trial. On appeal, Farmer points to no 

cause, good or otherwise, why he failed to raise these arguments in a timely manner and preserve them for appeal, thus 

we are precluded from reviewing this issue. Id. 

2. No Plain Error

For the first time on appeal, Farmer claims (1) the government engaged in prosecutorial misconduct by characterizing 

Chris Gootee as a federal agent at trial; (2) the government’s

closing argument was improper; (3) the government improperly constructively amended the indictment after trial; and 

(4) the district court erroneously applied a leadership enhancement at sentencing. Farmer forfeited each of these arguments by failing to present them to the district court and thus 

we review for plain error. United States v. Jones, 22 F.4th 667, 

675 (7th Cir. 2022); United States v. Garcia-Avila, 737 F.3d 484, 

491 (7th Cir. 2013). To prevail on plain error review, Farmer 

must show (1) an error, (2) that is plain, (3) that affected his 

substantial rights, and (4) that seriously affected the fairness, 

integrity, or public reputation of the proceedings. Jones, 22 

F.4th at 675. Farmer fails to do so here. 

“When reviewing a claim of prosecutorial misconduct, we 

first consider whether the remark was improper; then we consider whether it prejudiced the defendant.” Garcia-Avila, 737 
18 No. 20-3119 

F.3d at 491. “Ultimately, the inquiry turns on whether the improper statement so infected the trial with unfairness as to 

make the resulting conviction a denial of due process.” Id. (internal quotations omitted). At the start of trial, the government described Gootee as a “federal agent” who would sit at 

the table with the prosecution. This description was not improper. Although Gootee is an officer with the Hammond Police Department, he is assigned to the Gang Response Investigative Team, an FBI task force which consists of multiple FBI 

agents and local police officers. Given Gootee’s role on the 

federal task force, characterizing him as a “federal agent” is 

not clearly incorrect, and certainly did not “so infect[] the trial 

with unfairness as to make the resulting conviction a denial 

of due process.” Id. Even supposing the government’s characterization was improper, Farmer does not explain how he was 

prejudiced or how his substantial rights were implicated. 

As to the government’s closing argument, Farmer “must 

establish not only that the remarks denied him a fair trial, but 

also that the outcome of proceedings would have been different absent the remarks.” United States v. Turner, 651 F.3d 743, 

751 (7th Cir. 2011) (internal quotations omitted). “Improper 

statements made during closing argument are rarely reversible error.” Garcia-Avila, 737 F.3d at 491 (internal quotations 

omitted). Apart from listing the pages of the trial transcript 

containing the government’s closing argument, Farmer fails 

to articulate what, specifically, he considers improper. Nor 

does Farmer explain how the closing impacted the outcome 

of proceedings, other than baldly asserting “[t]he Government improperly lead[] the jury to convict.” Farmer has failed 

to meet his burden of identifying an error in the government’s 

closing argument.
No. 20-3119 19

Regarding the indictment, constructive amendment occurs when “either the government ... , the court ... , or both, 

broadens the possible bases for conviction beyond those presented by the grand jury.” United States v. Perez, 673 F.3d 667, 

669 (7th Cir. 2012) (internal quotations omitted). Narrowing 

an indictment by dropping allegations unnecessary to an offense “clearly contained” within the indictment does not 

amount to unconstitutional amendment and, indeed, is a 

common, desirable practice which avoids potential jury confusion. Id. at 669–70 (citing United States v. Miller, 471 U.S. 130, 

144 (1985)). That is precisely what occurred here. At the conclusion of evidence, the district court asked the government 

to redact the names of co-defendants and acts left unmentioned at trial to avoid confusing the jury. The government 

did not err in doing so. 

At sentencing, the district court applied a 4-level leadership enhancement to Farmer’s base offense level under 

U.S.S.G. § 3B1.1(a). Such an enhancement is appropriate if 

Farmer “was an organizer or leader of a criminal activity.” 

U.S.S.G. § 3B1.1(a). Sentencing courts must “find by a preponderance that the facts support a sentencing enhancement.” 

United States v. Colon, 919 F.3d 510, 517 (7th Cir. 2019). Although trial evidence supports such an enhancement, the factual basis at sentencing does not. While the PSR describes the 

leadership structure of the Latin Kings generally, it does not 

state Farmer was himself a leader, nor does any of the activity 

ascribed to Farmer in the PSR hint at his leadership role. At 

sentencing, the district court adopted the PSR wholesale and 

did not make independent factual findings as to Farmer’s 

leadership status. 
20 No. 20-3119 

Any error, however, is harmless and does not implicate 

Farmer’s substantial rights. Farmer’s base offense level was 

43, the maximum possible under the Guidelines. See U.S.S.G. 

§ 5A n.2 (“In rare cases, a total offense level of ... more than 

43 may result from application of the guidelines. ... An offense level of more than 43 is to be treated as an offense level 

of 43.”). The § 3B1.1 leadership enhancement, then, had no 

impact on Farmer’s Guidelines range or his substantial rights. 

See United States v. Thomas, 897 F.3d 807, 817 (7th Cir. 2018) 

(“[A] guideline error that does not actually affect the final 

guideline range calculated by the court ... d[oes] not affect 

[the defendant’s] substantial rights or undermine confidence 

in the proceedings and their final result.”). 

3. No Abuse of Discretion

Farmer challenges the district court’s refusal to instruct 

the jury on the corroboration rule. We review such arguments 

for abuse of discretion with deference to “the broad discretion 

of the district court to accept or reject a proposed jury instruction so long as the essential points are covered by the instructions given.” United States v. McDowell, 687 F.3d 904, 912 (7th 

Cir. 2012) (internal quotations omitted). While it is “well established that a defendant cannot be convicted based solely 

on his own uncorroborated statement[,]” “the district court is 

not obligated to instruct the jury on the requirement of corroboration.” Id. That decision is “better left to the trial judge” 

as “the standard instructions regarding the government’s 

burden of proof and the presumption of innocence are generally sufficient.” Id. 

First, the district court properly instructed the jury on the 

presumption of innocence and the government’s burden of 

proof, giving the Seventh Circuit pattern criminal jury 
No. 20-3119 21

instructions almost verbatim. See The William J. Bauer Pattern 

Criminal Jury Instructions of the Seventh Circuit, Presumption of 

Innocence/Burden of Proof (2020 Ed.). Second, as the district 

court observed, Farmer’s conviction did not turn on a single, 

uncorroborated admission of criminal activity. Instead, 

Farmer confessed to multiple people multiple times he killed 

Lowry and Siegers in service of his Latin Kings affiliation. In 

this context, the district court’s decision to rely upon the pattern jury instructions is not an abuse of its discretion. 

4. No Legal Error

Farmer disputes the district court’s denial of his motion to 

suppress Holodick’s composite sketch. Broadly, Farmer 

claims the sketch resulted from “unduly suggestive” procedures, the police should have solicited input from multiple 

eyewitnesses, and Holodick did not enjoy a sufficiently clear 

view of his face to generate a reliable identification. We review a district court’s denial of a motion to suppress an identification de novo with “due deference to the district court’s 

findings of historical fact.” United States v. Vines, 9 F.4th 500, 

506 (7th Cir. 2021). 

Eyewitness identifications “tainted by police arrangement” violate the due process clause and must be suppressed. 

Perry v. New Hampshire, 565 U.S. 228, 238 (2012). To determine 

whether suppression is necessary, courts first evaluate 

whether officers used a procedure “that is both suggestive 

and unnecessary.” Id. at 238–39. Second, courts “assess, on a 

case-by-case basis, whether improper police conduct created 

a substantial likelihood of misidentification.” Sexton v. 

Beaudreaux, 138 S. Ct. 2555, 2559 (2018) (internal quotations 

omitted). In evaluating whether such a likelihood exists, 

courts consider “the opportunity of the witness to view the 
22 No. 20-3119 

criminal at the time of the crime, the witness’ degree of attention, the accuracy of his prior description of the criminal, the 

level of certainty demonstrated at the confrontation, and the 

time between the crime and the confrontation.” Id. 

Farmer fails at the first step to demonstrate the procedure 

used to generate Holodick’s composite sketch was “suggestive and unnecessary.” First, Ellis did not know of Farmer and 

no officer suspected Farmer or showed Holodick a picture of 

Farmer when the sketch was created. Second, although 

Farmer argues other witnesses should have contributed to 

creating the sketch, Holodick was the only witness who saw 

any part of his face. Third, Holodick and Ellis testified to a 

long, iterative process to create the sketch where Holodick 

had the ultimate control over the final product. The district 

court properly declined to suppress Holodick’s composite 

sketch. 

III. Conclusion 

For the foregoing reasons, we AFFIRM the Farmer’s convictions and sentence.