U.S. v. Rodriguez

• Decision Date: 07 May 2007
• Docket Number: No. 06-3267.,06-3267.
• Citation: 484 F.3d 1006
• Parties: UNITED STATES of America, Appellee, v. Emmanuel RODRIGUEZ, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

484 F.3d 1006

UNITED STATES of America, Appellee, v. Emmanuel RODRIGUEZ, Appellant.

No. 06-3267.

United States Court of Appeals, Eighth Circuit.

Submitted: February 12, 2007.

Filed: May 7, 2007.

Jon May, May & Cohen, P.A., Fort Lauderdale, FL, argued, for appellant.

Robyn L. McKee, Asst. U.S. Atty., Springfield, MO, argued (Bradley J. Schlozman, U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

RILEY, Circuit Judge.

Following Emmanuel Rodriguez's (Rodriguez) conviction for conspiracy to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846, the district court¹ sentenced Rodriguez to 360 months' imprisonment and 5 years' supervised release. Rodriguez appeals. We affirm.

I. BACKGROUND

Rodriguez and his brother, Yone Rodriguez (Yone), were the focus of a three-year collaborative investigation among several law enforcement agencies based on intelligence indicating the brothers led a methamphetamine distribution conspiracy in southwest Missouri. Authorities arrested Rodriguez on December 16, 2003, upon his arrival at the Tulsa, Oklahoma, airport to pick up Jacquelyn Witt (Witt), a courier who transported methamphetamine for the conspiracy. Witt was cooperating with law enforcement after having been arrested earlier that day at the same location in possession of approximately one kilogram of methamphetamine.

Based on information provided by Witt, a reliable confidential informant (CI), and other conspiracy members, as well as from intelligence reports concerning Rodriguez and Yone, Jasper County (Missouri) Drug Task Force Detective Randee Kaiser (Detective Kaiser) applied for a search warrant for a residence believed to be owned and occupied by Rodriguez and Yone. The warrant, issued and executed on December 16, 2003, authorized a search of property located at 5165 County Lane 50 in Reeds, Jasper County, Missouri (Reeds residence). Upon executing the search warrant, officers found numerous documents bearing the names of Rodriguez and Yone, three firearms, ammunition, digital scales, and other items associated with distribution of controlled substances.

On December 19, 2003, Detective Frank Lundien (Detective Lundien), supervisor of the Jasper County Drug Task Force, applied for a second search warrant for property located at 3411 South Pearl Street in Joplin, Newton County, Missouri (Joplin residence), which officers believed to be owned by Rodriguez and Lisa Bateman (Bateman), Rodriguez's girlfriend. As the agent responsible for coordinating the investigation of Rodriguez and Yone, Detective Kaiser knew the facts contained in Detective Lundien's affidavit and search warrant application and discussed those facts with other members of the Jasper County Drug Task Force before execution of the warrant. A search of the Joplin residence on December 19 revealed several receipts for purchases and wire transfers by Rodriguez; a bond receipt dated December 17, 2003, showing a cash payment in the amount of $3,100 from Bateman; and over $5,000 in cash.

Rodriguez was indicted for conspiring to distribute more than 500 grams of methamphetamine. Before trial, Rodriguez moved to suppress evidence seized during the execution of the two search warrants. The district court² denied Rodriguez's motions to suppress. The case proceeded to trial. Over Rodriguez's objections, the district court allowed the government to introduce evidence of Rodriguez's unexplained wealth³ and testimony from a law enforcement officer regarding statements made by Witt during her telephone conversation with Rodriguez. The jury convicted Rodriguez of the conspiracy charge.

Rodriguez's presentence investigation report (PSR) recommended (1) a base offense level of 36 because the offense involved at least five kilograms but less than fifteen kilograms of methamphetamine, see U.S.S.G. § 2D1.1(c)(2); (2) a two-level enhancement for possession of a dangerous weapon, see U.S.S.G. § 2D1.1(b)(1); and (3) a four-level enhancement for Rodriguez's role in the offense as an organizer or leader, see U.S.S.G. § 3B1.1(a). Based on an adjusted offense level of 42 and a criminal history category I, the PSR calculated an advisory Guidelines range of 360 months' to life imprisonment. Rodriguez objected to the PSR's drug quantity determination and to both sentencing enhancements. The district court overruled Rodriguez's objections, sentencing Rodriguez to 360 months' imprisonment and 5 years' supervised release.

Rodriguez appeals, challenging (1) the denial of his suppression motions, (2) the admission of evidence regarding his unexplained wealth, (3) the admission of Witt's statements through the testimony of an officer, and (4) the district court's drug quantity determination and sentencing enhancements.

II. DISCUSSION

A. Denial of Motions to Suppress

Rodriguez contends the district court erred in failing to suppress the evidence seized during searches of the Reeds residence and the Joplin residence because neither search warrant was supported by probable cause. Ordinarily, when reviewing a district court's denial of a suppression motion, we review for clear error the court's factual findings and review de novo whether the Fourth Amendment was violated. United States v. Bell, 480 F.3d 860, 863 (8th Cir.2007). However, Rodriguez did not file timely objections to the magistrate judge's report and recommendation denying Rodriguez's motions to suppress. See 28 U.S.C. § 636(b)(1). Rodriguez's "failure to file any objections waived his right to de novo review by the district court of any portion of the report and recommendation of the magistrate judge as well as his right to appeal from the findings of fact contained therein." United States v. Newton, 259 F.3d 964, 966 (8th Cir.2001) (quoting Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994)). Thus, "we review the court's factual determinations for plain error." United States v. Brooks, 285 F.3d 1102, 1105 (8th Cir.2002).

In reviewing the denial of a suppression motion, "we may consider the applicability of the good-faith exception to the exclusionary rule before reviewing the existence of probable cause," because engaging in a probable cause determination is unnecessary if the officers acted in good-faith reliance on a warrant. United States v. Warford, 439 F.3d 836, 841 (8th Cir. 2006). "Where a search is conducted pursuant to a warrant, the good faith exception ... applies, and evidence should not be suppressed due to an absence of probable cause unless the warrant was based on an affidavit 'so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.'" Id. (quoting United States v. Leon, 468 U.S. 897, 923, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984)). The officers' reliance on the warrant must be objectively reasonable. Leon, 468 U.S. at 919, 104 S.Ct. 3405. When assessing the good faith of the officers, we look to the totality of the circumstances, including any information known to the officers, but not included in the affidavit. United States v. Chambers, 987 F.2d 1331, 1335 (8th Cir.1993).

With regard to the Reeds residence search warrant, the affidavit was not based on an anonymous tip. Rather, a CI advised Detective Kaiser that Witt was going to California to pick up a large quantity of methamphetamine for Rodriguez and Yone. Previous information indicated Witt typically stayed in California for one to two days before returning home. Officers confirmed Witt paid cash for a one-way airline ticket and flew to California on December 15, 2003. Detective Kaiser also learned Witt would be flying back from California to Tulsa. Following Witt's arrest on December 16 at the Tulsa airport, Witt corroborated the CI's allegations that Witt flew to California with Yone on December 15, where Yone carried $12,000 cash, purchased methamphetamine, and gave Witt methamphetamine to transport.⁴ Witt also stated Rodriguez and Yone lived at 5165 County Lane 50 in Reeds, Missouri. According to Witt, she had been at the Reeds residence on December 15, and observed Rodriguez sell two ounces of methamphetamine to another individual. Witt further observed numerous guns, a large quantity of methamphetamine, and thousands of dollars in cash inside the Reeds residence. Detective Kaiser included all this information in the application for the search warrant.

In addition to the information set forth in the affidavit, Detective Kaiser testified at the suppression hearing that at the time he applied for the search warrant, he was aware of the following: (1) three separate sources reported Rodriguez and Yone had a trailer house in Reeds and used the residence in connection with their drug-trafficking activities; (2) officers confirmed the address and location of the Reeds residence by following a map prepared by Witt and by conducting their own independent investigation; (3) Juan Gonzalez, whose real name is Galdino Gallegos (Gallegos), had been arrested at the Tulsa airport on December 16, 2003, and implicated Rodriguez as having directed Gallegos to pick up Witt at the airport; (4) Witt cooperated with law enforcement following her arrest and placed a controlled telephone call to Rodriguez, resulting in Rodriguez coming to the Tulsa airport; and (5) Rodriguez and Yone had been the focus of a three-year investigation by the Jasper County Drug Task Force and other law enforcement agencies, resulting in numerous reports regarding Rodriguez's and Yone's methamphetamine distribution activities.

Considering the totality of the circumstances, we conclude it was objectively reasonable for the officers to rely on the validity of the search warrant for the Reeds residence, and the Leon exception applies. See Leon, 468 U.S. at 922-23, 104 S.Ct. 3405.

With regard to the search warrant for the Joplin residence, Rodriguez asserts no reasonable law enforcement officer would have...