217 F.3d 547 (8th Cir. 2000), 99-3335, United States v.Tellez

Docket Nº:99-3335
Citation:217 F.3d 547
Party Name:UNITED STATES OF AMERICA, APPELLEE, v. ADAN TELLEZ, A/K/A CERVANTES RAMIRO, A/K/A RIGOBERTO BARRAGAN, A/K/A ADALID DIRCIO-TELLEZ, APPELLANT.
Case Date:July 03, 2000
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 547

217 F.3d 547 (8th Cir. 2000)

UNITED STATES OF AMERICA, APPELLEE,

v.

ADAN TELLEZ, A/K/A CERVANTES RAMIRO, A/K/A RIGOBERTO BARRAGAN, A/K/A ADALID DIRCIO-TELLEZ, APPELLANT.

No. 99-3335

United States Court of Appeals, Eighth Circuit

July 3, 2000

Submitted: April 11, 2000

Appeal from the United States District Court for the Western District of Arkansas.

Page 548

Before Richard S. Arnold, Beam, and Morris Sheppard Arnold, Circuit Judges.

Morris Sheppard Arnold, Circuit Judge.

Adan Tellez was charged with one count of distribution of methamphetamine and one count of possession of methamphetamine with the intent to distribute it, see 21 U.S.C. § 841(a)(1). When he sought to suppress evidence found during a search of his home, the district court 1 denied the motion, and Mr. Tellez then entered a conditional plea of guilty to both of the charges against him. See Fed. R. Crim. P. 11(a)(2). He appeals and we affirm.

Page 549

I.

All of the relevant events in this case occurred on a single day. Sometime during the afternoon of that day, a police informant telephoned Mr. Tellez with a request to buy methamphetamine. Mr. Tellez agreed to the sale and drove to the informant's house, where the informant bought a quantity of methamphetamine. Undercover officers followed Mr. Tellez after he left the informant's residence. Mr. Tellez drove to his home, and the police kept that location under surveillance.

At the conclusion of the first transaction, Mr. Tellez had told the informant that he could provide additional drugs if desired, and that all the informant had to do was to call. Later that afternoon, the informant telephoned Mr. Tellez to arrange for another sale of methamphetamine. Mr. Tellez, who at that time was still at home, agreed to the sale and stated that he would return to the informant's residence in a few hours with the drugs.

The investigating officer then prepared a warrant application stating the facts just recited and indicating that the police planned to stop Mr. Tellez's vehicle when he left his home that evening. The investigating officer also requested a warrant to search Mr. Tellez's home in the event that controlled substances were found on Mr. Tellez or in his vehicle and the magistrate issued a warrant. Mr. Tellez subsequently left his house, and a search revealed drugs in a compartment of his car when officers stopped...

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