161 F.3d 1171 (8th Cir. 1998), 98-1797, United States v. Peck

Docket Nº:98-1797.
Citation:161 F.3d 1171
Party Name:UNITED STATES of America, Plaintiff/Appellee, v. Gregory Allen PECK, Defendant/Appellant.
Case Date:December 07, 1998
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 1171

161 F.3d 1171 (8th Cir. 1998)

UNITED STATES of America, Plaintiff/Appellee,


Gregory Allen PECK, Defendant/Appellant.

No. 98-1797.

United States Court of Appeals, Eighth Circuit

December 7, 1998

Submitted Oct. 22, 1998.

Page 1172

JoAnn Lilledahl, Assistant Federal Public Defender, Cedar Rapids, Iowa, argued (Paul Papak, on the brief), for Appellant.

Steven M. Colloton, Assistant U.S. Attorney, Cedar Rapids, Iowa, argued, for Appellee.

Before BOWMAN, Chief Judge, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Gregory Allen Peck pled guilty to one count of possession with intent to distribute 10 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B), conditioned on his right to appeal several pretrial rulings. The district court 1 imposed a sentence of 210 months after concluding that Peck was a career offender under U.S.S.G. § 4B1.1 and then departing downward. Peck's appeal focuses on

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the district court's factual finding that the sentence for one of his prior felonies had been imposed within ten years of his arrest, its denial of a motion to suppress statements, and several other rulings. We affirm.


In the early morning hours of December 23, 1996, a deputy sheriff observed a Ford Bronco parked near the entrance to a county park with its lights on and its engine running. When the deputy approached the vehicle, he saw Peck asleep in the driver seat, only partially clothed. He also saw what appeared to be a large marijuana cigarette in the ashtray. After another officer arrived, they both noticed the odor of marijuana and woke Peck up and took him to their patrol car. He asked them to retrieve his pants and while doing so the officers discovered $2200 in cash in a pocket. They read him his rights, placed him under arrest, and then conducted a partial search of the vehicle and found a box containing marijuana and methamphetamine and other drug-related material.

Peck left town and traveled to Oregon before the federal indictment was filed, and a warrant was issued for his arrest. When Peck learned about the warrant, he contacted the authorities in Iowa, expressed his desire to cooperate, and traveled back to the state, voluntarily surrendering in May 1997.

On his return to Iowa he was taken into custody and again read his Miranda rights. He signed a one page "statement of cooperation" which stated that he was aware of his right to speak with an attorney and that he could stop cooperating at any time. He was then interviewed for several hours and made some incriminating statements, implicating himself and others in criminal activities. He reported that he...

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