U.S. v. Betts
| Citation | 16 F.3d 748 |
| Decision Date | 15 February 1994 |
| Docket Number | Nos. 92-2864-92-2866,s. 92-2864-92-2866 |
| Parties | 38 Fed. R. Evid. Serv. 1070 UNITED STATES of America, Plaintiff-Appellee, v. Edward B. BETTS, Randy J. Lane, and Judy K. Lane, Defendants-Appellants. |
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
Ralph M. Friederich, Asst. U.S. Atty., Suzanne M. Wissmann (argued), Office of the U.S. Atty., Criminal Div., Fairview Heights, IL, for U.S.
James L. Karraker (argued), Anna, IL, for Edward B. Betts.
William Arthur Schroeder, Southern Illinois University, School of Law, Carbondale, IL, for Randy J. Lane.
Mark D. Prince, Hughes & Associates, Carbondale, IL, for Judy K. Lane.
Before CUMMINGS, CUDAHY, and ILANA DIAMOND ROVNER, Circuit Judges.
A jury convicted defendants Edward Betts and Randy and Judy Lane of conspiring to distribute in excess of one hundred kilograms of marijuana. Betts and Randy Lane were each sentenced to 360 months in prison; Judy Lane was ordered to serve 120 months. On appeal, all three defendants challenge the admission of evidence pursuant to Fed.R.Evid. 404(b) concerning the discovery of sixteen pounds of marijuana and other items in the Lanes' home some eighteen to twenty-four months after the charged conspiracy ended. The Lanes also contend the search that produced these items was illegal and that the statements Randy Lane made at the time of the search were involuntary and obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Betts contends that he too was interrogated in violation of Miranda. In addition, he challenges the district court's refusal to depart downward to reduce the disparity between his sentence and the much shorter sentences imposed on two co-conspirators who were convicted separately. We affirm.
On August 3, 1990, officers belonging to the Southern Illinois Enforcement Group ("SIEG") executed a search warrant unrelated to this case and entered a room at the Marion Courts Motel in Marion, Illinois. Inside, they found Betts convulsing on the floor and summoned medical assistance. Three days later, Betts appeared at the Williamson County Sheriff's Department at the request of Agent James Webb. Webb apprised Betts of his Miranda rights, and after obtaining Betts' written waiver, proceeded to interview him. In the course of this interview, Betts revealed that he had made several trips to Texas at the behest of Alejandro "Alex" Vega to pick up marijuana in quantities of twenty pounds or more. Vega was the subject of an ongoing investigation by SIEG, and at the conclusion of the interview, Betts said he would be willing to answer further questions about him. Webb then referred the matter to SIEG Agents Debra Otey and Dan Key.
Vega, it turned out, was the kingpin of an organization that had been distributing up to fifty pounds of marijuana per week throughout southern Illinois since 1987. Vega obtained the marijuana from Juan Flores, who lived in Houston, Texas. Over the life of the conspiracy, Flores supplied Vega with more than 500 pounds of marijuana, a quantity worth over half a million dollars on the street. To transport the marijuana from Houston to Illinois, Vega employed a number of couriers or "runners". Betts and Randy Lane were among these individuals, as was Betts' half-brother, Hubert Shelton. For distribution purposes, Vega also used a number of "stash houses." The Lanes' home was among them.
On September 11, 1990, Agents Otey and Key visited Betts at his mother's home hoping to interview him regarding Vega. Because Hubert Shelton had just died, Betts asked the officers to return at a later date. They did so two days later. Betts suggested that they conduct the interview somewhere more private than his mother's house. He indicated that the Sheriff's Department would be acceptable.
Otey and Key drove Betts to the Williamson County Sheriff's Department and interviewed him in the squad room. They did not advise Betts of his Miranda rights before doing so. The interview lasted approximately 90 minutes, during which time Betts was free to walk about the room, drink soda, and smoke. When the interview was finished, the officers drove Betts home, and he agreed to speak with them again if necessary. According to Otey, the officers did not suspect Betts of being involved with Vega prior to the interview, although Betts had already admitted as much to Webb. However, in the course of the interview, Betts confirmed that he had made approximately twenty trips to Texas on Vega's behalf between January and April of 1989 either to take cash to Flores or to obtain marijuana from him.
On January 29, 1992, a grand jury returned an indictment alleging that the defendants had conspired with Vega and others to distribute and to possess with the intent distribute more than 100 kilograms of marijuana. The indictment was suppressed until the defendants were taken into custody.
Shortly after 7:00 a.m. on February 3, 1992, four officers and two interns arrived at the Lanes' home to execute a warrant for their arrest. After Judy Lane admitted the officers into the house, the officers advised the Lanes that they were under arrest, handcuffed them, and apprised them of their Miranda rights. At that point, Mrs. Lane asked to speak with the officers in private, and they agreed. During their conversation, they asked her whether she would consent to a search of the house. She refused, but indicated that she would consent if her husband did. The officers then approached Mr. Lane, who agreed to the search and signed a consent form. According to the officers, when they asked Mr. Lane where "the drugs" were, he replied: Lane Suppr.Tr. 50.
Sixteen pounds of marijuana were found in the Lanes' deep freezer. Elsewhere in the house, the agents discovered a duffel bag with traces of marijuana inside, a set of digital scales found together with a quantity of "Ziploc" baggies in a laundry basket, and an address book and various scraps of paper containing names, addresses, and phone numbers linked to the Lanes' alleged co-conspirators.
In advance of trial, the Lanes moved to suppress the evidence seized from their home, contending that Randy Lane's consent to the search was involuntary. Randy also contended that the statements he made to the police on the day of his arrest were obtained without an adequate admonishment and waiver of his Miranda rights. Betts likewise moved to suppress the statements he had made to Key and Otey on September 13, 1990, contending that the interview amounted to custodial interrogation conducted without the requisite Miranda warnings. After evidentiary hearings, the district court denied the motions.
At trial, Agent Otey recounted the substance of the September 13, 1990 interview, in which Betts had disclosed his role as a courier for Vega in 1989. The government also offered at trial the evidence seized from the Lanes' home, invoking Fed.R.Evid. 404(b). The district court admitted the evidence over the defendants' objection, advising the jury to consider the evidence solely with respect to the knowledge and intent of the Lanes. The jury subsequently found all three defendants guilty.
At sentencing, Betts moved for a downward departure on the ground that the minimum sentence of 360 months called for under the career offender provision of the Sentencing Guidelines was disproportionate to the sentences his co-conspirators Vega and Flores had received. Vega and Flores had been charged separately, and after pleading guilty, they had ultimately received sentences of 144 and sixty months, respectively. 1 The district court denied the motion and sentenced Betts to the minimum term of 360 months.
A. Legality of the Search of the Lane Residence
At trial, Philip K. Sylvester of the Illinois State Police testified that he was one of the individuals who had searched the Lanes' home at the time of their arrest. He identified the set of digital electronic scales as well as some Ziploc baggies. Johnson County Sheriff Elry Louis Faulkner, who also had participated in the search, identified the remaining items that were seized, including the sixteen pounds of marijuana, the duffel bag with marijuana residue, and documentary items referring to the Lanes' alleged co-conspirators. The Lanes argue that this evidence was improperly admitted under Rule 404(b), but we first consider their contention that the evidence was seized in violation of their Fourth and Fourteenth Amendment rights.
As we have noted, the marijuana and other items were seized from the Lanes' home in conjunction with their arrest on February 3 1992. The arresting officers did not have a search warrant, and the government relies solely on Randy Lane's consent to justify the search. 2 The Lanes contend that Randy's consent was the product of coercion, and Judy Lane argues that even if her husband's consent suffices to render the seized evidence admissible against him, it is insufficient as to her because she had previously refused permission to search the house.
Randy Lane admitted at the suppression hearing that he had consented to the search of his home (Lane Suppr.Tr. 91, 95), and prior to the search he had signed a written consent form. Gov.Ex. 1, Lane Suppr.Hrg. He also acknowledged that after giving his consent, he had led officers to the freezer in the basement, where the sixteen pounds of marijuana were stored. Lane Suppr.Tr. 102. The Lanes nonetheless contend that Randy's consent was not freely given, because (1) he was confused, disoriented, and already in custody, (2) he did not realize that he had a right to refuse, and (3) the search was already underway by the time his consent was solicited and he did not think he could stop it even if he wished to.
We recently summarized the rules applicable to consent searches in United States v. Duran:
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