U.S. v. Karam

• Citation: 496 F.3d 1157
• Decision Date: 07 August 2007
• Docket Number: No. 06-8056.,06-8056.
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Patrick KARAM, Defendant-Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (10th Circuit)

496 F.3d 1157

UNITED STATES of America, Plaintiff-Appellee, v. Patrick KARAM, Defendant-Appellant.

No. 06-8056.

United States Court of Appeals, Tenth Circuit.

August 7, 2007.

Thomas B. Jubin, Jubin & Zerga, LLC, Cheyenne, WY, for Defendant-Appellant.

James C. Anderson, Assistant United States Attorney (Matthew H. Mead, United States Attorney, with him on the brief), District of Wyoming, Cheyenne, WY, for Plaintiff-Appellee.

Before MURPHY, McWILLIAMS, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Following a traffic stop and a search of his vehicle, Patrick Karam was indicted for possession with intent to distribute more than 100 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Karam filed a motion to suppress all evidence seized from his vehicle, arguing he was unlawfully detained in violation of the Fourth Amendment. The district court denied the motion. In doing so, it concluded the detention did not violate the Fourth Amendment because the officer had reasonable suspicion Karam was engaged in criminal activity. Karam then entered a conditional guilty plea, preserving his right to appeal the denial of the motion to suppress. At sentencing, the district court determined Karam qualified as a career offender pursuant to USSG § 4B1.1(a) and sentenced him to 110 months' imprisonment. On appeal, Karam challenges both the district court's denial of the motion to suppress and its application of the career offender sentencing guideline. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court affirms the district court's denial of the motion to suppress and affirms Karam's sentence.

II. Background

While traveling eastbound on Interstate 80 in Albany County, Wyoming, Wyoming Highway Patrol Trooper Joseph Scimone observed an eastbound Pontiac Montana minivan driven by Karam following another vehicle too closely. Scimone activated his emergency lights and pulled Karam over to the right shoulder of the road. Scimone then approached the vehicle and asked Karam for his driver's license, registration, and proof of insurance. As he approached, Scimone looked through the windows of the vehicle and observed a stack of neatly packaged cardboard boxes and a piece of luggage, which he later described as a "carry-on bag," set on top of the boxes behind the driver's seat. Karam provided his driver's license and a one-way rental agreement indicating the car had been rented in Los Angeles, California and would be returned in Akron, Ohio. Scimone then asked Karam to accompany him to his patrol vehicle.

When Karam got to the vehicle, he said he needed to use the restroom. Scimone responded by pointing out Karam had just passed a truck stop with restroom facilities four miles before Scimone pulled him over. Karam then made a statement which Scimone interpreted as an assertion that Karam had stopped at the truck stop exit to purchase tea. Scimone, however, had been following Karam when he passed the exit and knew Karam had not stopped there.

While Scimone and Karam were sitting in the patrol vehicle, Scimone asked Karam questions about his travel plans, including where he was coming from and where he was going. Karam explained he was traveling to Akron from Los Angeles, where he had spent the last week and a half visiting his niece. He stated he had flown to Los Angeles and then rented the vehicle to return to his home in Akron. Following this exchange, Scimone informed Karam he would be giving him a warning for following another vehicle too closely. Scimone then began to fill out the warning and attempted to run a check of Karam's driver's license with dispatch. Because Scimone mistakenly reported a number different from the actual driver's license number, dispatch repeatedly responded that the driver's license was not on file.

Scimone continued to ask Karam questions about his travel history and his vacation in Los Angeles. When Scimone asked Karam why he chose to drive back to Akron rather than flying, Karam explained he was transporting some items, including clothes and pictures, for another niece who had recently moved back to Akron from Los Angeles to be with her sick father. Scimone then asked Karam where his niece lived in Los Angeles. Karam first responded that he did not know where she lived and then indicated she lived thirty to forty-five minutes from the Beverly Center. Scimone later characterized Karam's answers to his questions as vague.¹ Eventually, after approximately ten minutes of unsuccessful attempts to confirm the validity of Karam's driver's license, Scimone gave Karam the warning, returned his driver's license and rental agreement, and told him he could proceed on his way.

As Karam was walking back to his vehicle, Scimone asked Karam if he could ask him a few more questions and Karam agreed. Scimone again asked Karam where his niece lived in Los Angeles and specifically asked whether Karam knew her address. Again, Karam was unable to provide an address or to provide much detail regarding the location of his niece's residence. At this point, Scimone asked Karam for consent to search his vehicle and Karam refused. Scimone then told Karam he was not free to leave and informed him he was going to call a canine unit to sniff the vehicle. Scimone requested a drug detection canine unit be brought to the location of the stop. When the unit arrived, the canine alerted the officers to the presence of controlled substances. The officers conducted a search of the van and found approximately 264 pounds of marijuana.

Karam was indicted on one count of possession with intent to distribute more than 100 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Karam filed a motion to suppress all evidence seized as a result of the search of his vehicle. In the motion, Karam argued, inter alia, that he was unlawfully detained in violation of the Fourth Amendment. The district court held an evidentiary hearing and ultimately denied the motion, concluding Scimone had reasonable suspicion Karam was engaged in criminal activity sufficient to justify the continued detention while awaiting the arrival of the canine unit. After the denial of the motion to suppress, Karam entered a conditional guilty plea pursuant to a written plea agreement with the government. In exchange for the guilty plea, the government agreed to recommend a three-level sentence reduction for acceptance of responsibility.

The Presentence Report ("PSR") recommended the application of the career offender sentencing guideline pursuant to USSG § 4B1.1(a). It based this recommendation on a conclusion that two of Karam's prior convictions, a 1995 Ohio conviction for trafficking in marijuana and a 1998 Ohio conviction for trafficking in marijuana and conspiracy to commit trafficking in marijuana, qualified as controlled substance offenses, as defined by USSG § 4B1.2(b). The PSR calculated Karam's total offense level as thirty-one, applying a base offense level of thirty-four under USSG § 4B1.1(b) and a three-level downward adjustment for acceptance of responsibility under USSG § 3E1.1. When coupled with a criminal history category of VI this offense level resulted in an advisory guideline range of 188 to 235 months.

Karam objected to the application of § 4B1.1 and filed a sentencing memorandum. Karam argued it was improper to classify his 1995 Ohio conviction as a controlled substance offense because it did not necessarily involve the actual distribution of a controlled substance or the possession of a controlled substance with intent to distribute. At the sentencing hearing, the district court rejected Karam's arguments and concluded Karam qualified as a career offender. It then granted Karam a six-level downward departure pursuant to USSG § 5K1.1, based on Karam's assistance to the government in the investigation and prosecution of others. The district court calculated Karam's total offense level as twenty-five and his criminal history category as VI, resulting in an advisory guideline range of 110 to 137 months' imprisonment. The district court sentenced Karam to 110 months' imprisonment, a sentence at the bottom of the guideline range.

III. Analysis

A. Motion to Suppress

In reviewing a district court's denial of a motion to suppress, this court views the evidence in the light most favorable to the government and accepts the factual findings of the district court unless they are clearly erroneous. United States v. Chavira, 467 F.3d 1286, 1290 (10th Cir. 2006). The ultimate determination of reasonableness under the Fourth Amendment, however, is a question of law that is reviewed de novo. Id.

Although a traffic stop is considered a seizure for purposes of the Fourth Amendment, it constitutes an investigative detention rather than a custodial arrest. United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997). The reasonableness of such a stop is therefore determined under the two-part inquiry established in Terry v. Ohio, 392 U.S. 1, 19-20, 88 S.Ct. 1868, 20 L.Ed.2d, 889 (1968). Id. Under this inquiry, a traffic stop is reasonable if it is (1) "justified at its inception" and (2) "reasonably related in scope to the circumstances which justified the interference in the first place." United States v. Salzano, 158 F.3d 1107, 1111 (10th Cir.1998) (quotations omitted).

"A seizure that is justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission." Illinois v. Caballes, 543 U.S. 405, 407, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005). During a routine traffic stop, an officer may request a driver's license and vehicle registration, run a computer verification of these documents and issue a citation or warning. United States v. Rosborough, 366 F.3d 1145, 1148 (10th Cir.2004). An officer can also ask the driver questions about matters both related and unrelated to the...