858 F.3d 1138 (8th Cir. 2017), 16-1391, United States v. Ahumada

Docket Nº:16-1391
Citation:858 F.3d 1138
Opinion Judge:COLLOTON, Circuit Judge.
Party Name:United States of America, Plaintiff - Appellee, v. Charles Ahumada, Defendant - Appellant
Attorney:For United States of America, Plaintiff - Appellee: Rick Lee Volk, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of North Dakota, Bismarck, ND. Charles Ahumada, Defendant - Appellant, Pro se, Adelanto, CA. For Charles Ahumada, Defendant - Appellant: Kent Michael Morrow, SEVERIN & RING...
Judge Panel:Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.
Case Date:June 05, 2017
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
SUMMARY

After defendant was convicted of two drug trafficking offenses, he appealed the denial of his motion to suppress evidence and the sufficiency of the evidence. The Eighth Circuit affirmed the denial of the motion to suppress, holding that the trooper had probable cause to seize defendant and another individual after he saw that the vehicle that they were in was speeding. Even assuming the trooper... (see full summary)

 
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Page 1138

858 F.3d 1138 (8th Cir. 2017)

United States of America, Plaintiff - Appellee,

v.

Charles Ahumada, Defendant - Appellant

No. 16-1391

United States Court of Appeals, Eighth Circuit

June 5, 2017

Submitted November 14, 2016.

Appeal from United States District Court for the District of North Dakota - Bismarck.

For United States of America, Plaintiff - Appellee: Rick Lee Volk, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of North Dakota, Bismarck, ND.

Charles Ahumada, Defendant - Appellant, Pro se, Adelanto, CA.

For Charles Ahumada, Defendant - Appellant: Kent Michael Morrow, SEVERIN & RINGSAK, Bismarck, ND.

Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

OPINION

Page 1139

COLLOTON, Circuit Judge.

Charles Ahumada was convicted of two drug trafficking offenses after the district court1 denied Ahumada's motion to suppress heroin seized during the search of his rental vehicle. On appeal, Ahumada challenges the district court's denial of his motion to suppress and argues that there was insufficient evidence to support one of the convictions. We affirm.

I.

This case arises from a traffic stop conducted on December 29, 2014, by North Dakota Highway Patrol Trooper Jeremie Meisel. Ahumada was a passenger in a car driven by Frank Villa on Interstate 94. Meisel stopped the vehicle for speeding.

Meisel asked Villa to accompany him to his patrol car. Meisel ran a computer check on Villa and issued him a warning for speeding. He also asked if Villa would consent to a dog sniff or a search of the vehicle, but Villa refused. Meisel then retrieved a drug-detection dog from his patrol car and led the dog around Villa's vehicle. The dog alerted to the presence of drugs as it passed the driver's door.

Meisel began to search the car and found three used syringes in a black leather bag in the trunk. Villa admitted that the syringes were his and that he used them to take drugs. Meisel arrested Villa and allowed Ahumada to leave. The state patrol then towed the car to a regional office, and officers continued the search. Meisel eventually found over four-and-a-half pounds of heroin in the roof of the trunk.

A grand...

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