906 F.2d 1292 (8th Cir. 1990), 89-5226, United States v. Thompson

Docket Nº:89-5226.
Citation:906 F.2d 1292
Party Name:UNITED STATES of America, Appellee, v. Douglas Wayne THOMPSON, Appellant.
Case Date:July 05, 1990
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 1292

906 F.2d 1292 (8th Cir. 1990)

UNITED STATES of America, Appellee,


Douglas Wayne THOMPSON, Appellant.

No. 89-5226.

United States Court of Appeals, Eighth Circuit

July 5, 1990

Submitted Dec. 11, 1989.

Page 1293

Deborah Ellis, St. Paul, Minn., for appellant.

Joseph T. Walbran, Minneapolis, Minn., for appellee.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Douglas Wayne Thompson (appellant) pleaded guilty to aiding and abetting a robbery, conspiracy to commit bank robbery, possession of a firearm during a crime of violence, and interstate transportation of a firearm. For reversal of his conviction, appellant argues the district court 1 erred in (1) denying his motion to suppress evidence seized in violation of the fourth amendment and (2) denying his motions to withdraw his guilty plea. We affirm.

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On September 19, 1988, appellant was stopped by police on Interstate 94 approximately seven blocks west of the Battle Creek Bank in St. Paul, Minnesota. Appellant was a passenger in an automobile driven by Daniel Wilwerding. Earlier that day the Kansas City, Missouri, Police Department (KCMPD) received a telephone call from informant Maxine Janette Czirr who had previously provided the police with several tips regarding appellant. 2 Ms. Czirr informed Detective Luther that appellant and his year-long associate whom she identified as "Dan" were on their way to the Twin Cities to rob the First Bank of Minnesota, the Battle Creek Bank and "TFC." 3 Ms. Czirr said that the two men had cased the banks during the prior week and chosen them because of their proximity to a freeway for easy get-away. 4 Ms. Czirr told Detective Luther that the suspects would be driving a late model silver and blue Lincoln Continental with California license plates. She said the two men were armed with three large caliber handguns, including a chrome-plated long barrel .357 caliber revolver. Detective Luther knew appellant was a white male, 5'9" tall, 178 pounds, greying hair, slightly bald, born on October 18, 1933, a/k/a David White. Ms. Czirr described "Dan" as a white male between the ages of 36 and 38 with short, dark brown hair, an olive complexion and appearing to be of Italian descent. She said he was approximately six feet tall and weighed 170 pounds. Ms. Czirr said that appellant had been staying with her for approximately ten days prior to his departure for Minnesota on September 18, 1988. She stated that appellant was with her the night before he departed and that on September 18 she drove him to the house of an individual known by police to be involved in local organized crime where they met up with Dan.

Detective Luther immediately relayed the tip to the FBI in Kansas City who in turn notified the FBI in Minneapolis. The Minneapolis FBI notified the St. Paul Police Department which issued an all-points bulletin about the possible bank robberies and a description of the suspects.

Around noon on September 19, 1988, just hours after Ms. Czirr first contacted the police, St. Paul Police Officer Richard Schmidt observed a car which he believed to contain the suspects one block from the Battle Creek Bank. The car was a late model black and blue Lincoln Continental. Officer Schmidt followed the car in a westerly direction away from the bank on Interstate 94 and noticed that the license plates were from New Jersey not California. He pulled the car over and was joined by Sergeant Terry Trooien. The officers approached the car and began questioning the suspects. The driver identified himself as Joseph Daniel White and appellant identified himself as Robert Wayne Jennings. When asked what brought them to Minnesota, the driver of the vehicle replied they were salesmen passing through the state. The driver produced a New Jersey driver's license in the name of Joseph D. White that indicated he was born in 1943. Appellant produced a New Mexico driver's license in the name of Robert W. Jennings that indicated a 1933 birthdate. The car was registered to Joseph White.

The two officers stepped away from the Lincoln Continental to check the driver's licenses and confer. The radio check revealed nothing suspicious. The officers noted that the driver did not match the informant's description in every respect. For instance, his driver's license indicated he was over forty years of age. The officers also noted, however, that he identified himself as Joseph "Daniel" White and that he appeared to be of Italian extraction.

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Meanwhile, several squad cars arrived at the scene. The officers decided to order the two men out of the car, frisk them for weapons, and place them in separate squad cars. After doing so, the officers searched the interior of the vehicle and its trunk and found in a briefcase on the back seat two loaded pistols, a .357 caliber revolver and a .38 caliber revolver. Police also found a police scanner, 5 a list of radio frequencies for the Twin Cities area, pages from a telephone directory listing banks in the area, sketches of locks and various disguises. The highway stop and search lasted a total of approximately one and one-half hours.

Appellant and the driver of the vehicle, who was later identified as Daniel Wilwerding, were arrested and charged in an indictment for various crimes including conspiracy to commit bank robbery. A joint trial of both defendants was set for January 3 or 4, 1989. Both defendants filed motions to suppress the evidence obtained from the search of their vehicle. After a hearing, their motions were denied.

On December 30, 1988, Wilwerding pleaded guilty and agreed to testify against appellant. His testimony would have implicated appellant in the Battle Creek Bank robbery attempt, in a previously indicted robbery of the United Postal Savings Association in Kansas City on July 5, 1988, and three other robberies in Kansas City. Reserving his right to appeal the denial of his motion to suppress, appellant agreed to plead guilty to robbing the United Postal Savings Association in Kansas City, a charge which was transferred to the District of Minnesota pursuant to Fed.R.Civ.P. 20, and to three of the four charges in the Minnesota indictment. 6 His plea was entered on January 4, 1989.

Three weeks after entering his guilty plea and before sentencing, appellant filed a pro se motion to withdraw his plea. As grounds for withdrawal, appellant alleged ineffective assistance of counsel. Specifically, he alleged that his counsel failed to tell him about Wilwerding's testimony about the Kansas City robberies and failed to investigate the truth of this testimony. Appellant claims he has evidence that he was not involved in these other robberies. In a supplemental motion, appellant alleged that...

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