170 F.3d 1350 (11th Cir. 1999), 98-2200, United States v. Brundidge

Docket Nº:98-2200.
Citation:170 F.3d 1350
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Chancey Wade BRUNDIDGE, Defendant-Appellant.
Case Date:April 02, 1999
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
FREE EXCERPT

Page 1350

170 F.3d 1350 (11th Cir. 1999)

UNITED STATES of America, Plaintiff-Appellee,

v.

Chancey Wade BRUNDIDGE, Defendant-Appellant.

No. 98-2200.

United States Court of Appeals, Eleventh Circuit

April 2, 1999

Page 1351

Craig L. Crawford, Asst. Fed., Pub. Defender, Gainesville, GA, for Defendant-Appellant.

P. Michael Patterson, William Henry Stafford, III, U.S. Attys., Pensacola, FL, for Plaintiff-Appellee.

Appeal from the United States District Court for the Northern District of Florida.

Before EDMONDSON and BLACK, Circuit Judges, and RESTANI [*], Judge.

PER CURIAM:

Chancey Brundidge ("Brundidge") appeals the district court's denial of his motion to suppress evidence. He also appeals his sentence. We see no reversible error, so we affirm.

Background

A confidential informant ("CI"), with a companion, went to a motel room where they met Brundidge, also known as "Smoke." Based on this meeting, the CI contacted Investigator Frank Forte ("Forte"). Forte drove the CI to the motel, and the CI pointed

Page 1352

out Brundidge's room. The CI also described Brundidge's car. Forte left the motel to get a search warrant, after calling a surveillance unit to the scene.

The affidavit supporting the warrant was the only information on probable cause provided to the judge. Although some other information was included in the affidavit, the following facts provided the main support for the showing of probable cause:

On September 11th, 1997, your affiant [Forte] was contacted by a reliable confidential informant, hereafter referred to as RCI who stated to your affiant that a black male known only to the RCI as Smoke, was selling Cocaine Base and Cocaine HCL at the above described location. The RCI stated to your affiant that on this same date, the RCI accompanied another individual to the above described location and entered. The RCI stated to your affiant that individual to [sic] whom the RCI was with, purchased a quantity of Cocaine Base from Smoke while inside the above described location. The RCI stated to your affiant that Smoke attempted to sell the individual to [sic] whom the RCI was with a quantity of Cocaine HCL, however the individual refused. The RCI stated to your affiant that while inside the above described location, the RCI observed two cookies of Cocaine Base, a large quantity of Cocaine Base cut for distribution, approximately three eighth of an ounce quantities of Cocaine HCL, and a semi-automatic handgun.

The RCI is familiar with the physical appearance of Cocaine Base and Cocaine HCL and has seen Cocaine Base on at least one hundred (100) occasions, and has seen Cocaine HCL on at least two hundred (200) occasions. The RCI has provided information to law enforcement concerning illegal activity on at least eight occasions and has proven to be truthful and reliable on every occasion. The RCI is responsible for the arrests of at least five persons and the recovery of approximately $3,500.00 in illegal narcotics.

The judge issued the search warrant for Brundidge's motel room.

Brundidge was arrested after leaving the motel room later that afternoon. Police found cocaine and a weapon in Brundidge's car during a warrantless search. Then, a search of Brundidge's motel room, based on Forte's search warrant, found more drugs.

Brundidge pled guilty to three counts: (1) possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g), 924(c); (2) knowing and intentional possession of cocaine and cocaine base...

To continue reading

FREE SIGN UP