U.S. v. Yeagin

Citation927 F.2d 798
Decision Date22 February 1991
Docket NumberNo. 90-8113,90-8113
Parties32 Fed. R. Evid. Serv. 453 UNITED STATES of America, Plaintiff-Appellee, v. Bobby Joe YEAGIN, Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

David F. Bragg (Court-appointed), Bragg, Chumlea, McQuality, Smithers & Curry, Austin, Tex., for defendant-appellant.

Philip Police, LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

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

Before GOLDBERG, KING, and DUHE, Circuit Judges.

DUHE, Circuit Judge.

Bobby Joe Yeagin appeals his convictions for possession of methamphetamine with intent to distribute, use of a firearm in connection with a drug trafficking offense, and possession of a firearm as a convicted felon. Yeagin contends that the district court erred by admitting evidence of Yeagin's nine prior felony convictions. Because we conclude that the prejudicial effect of this evidence greatly outweighed its slight probative value on any relevant issue, we reverse and remand the case to the district court for a new trial.

A United States marshal with an arrest warrant for a parole violation sought to arrest Yeagin at his apartment. Yeagin's girlfriend came to the door and told the marshal that Yeagin was staying in room 638 of the Marriott Hotel. She also described Yeagin's car. Finally, she falsely accused Yeagin of participating in a recent murder.

Several police officers met the marshal at the hotel. In the parking lot, the marshal located the car described by Yeagin's girlfriend. The marshal instructed a deputy to watch the car while he went into the hotel.

The chief of security at the hotel informed the marshal that no one named Yeagin was registered there. When the marshal asked the chief to check the registration card for room 638, the chief reported that Danny Allen's name was on the card. The marshal described Yeagin, and the chief reported that he had seen a man matching that description entering room 638.

Meanwhile, the deputy in the parking lot notified the marshal that a man and a woman were approaching the car identified as Yeagin's. The marshal and several other officers went to the parking lot to question the couple; they determined that the man was, in fact, Danny Allen. After a brief conversation, the officers allowed Allen to leave. Then they proceeded to room 638.

When the shirtless Yeagin opened the door, the marshal pulled him into the hallway and arrested him. The marshal had no search warrant for room 638. However, since the officers saw another man in the room, they made a protective sweep of the room and restrained another convicted drug offender who was inside.

Yeagin was taken to another room of the hotel for a post-arrest interview. He remained there, handcuffed and shirtless, for about two hours. During this time, one of the officers wrote a statement granting consent for officers to search room 638. Since Yeagin did not have his glasses with him, an officer read the statement aloud. Yeagin then signed the statement.

Yeagin consented to let the officers search the room and his luggage. He told the officers that they would probably find drugs and firearms in the room. The officers found several firearms, methamphetamine, a small amount of marijuana, and drug paraphernalia including scales, spoons, and syringes. They also found a leather jacket with a firearm and methamphetamine inside and a shoulder bag containing letters addressed to Yeagin.

At trial the hotel's chief of security testified that a room in Danny Allen's name had been paid for in cash two days before the arrest. He also testified that he had seen Yeagin at the hotel changing rooms the day before the arrest, that he had noticed the barrel of a gun showing through a tear in a bag that Yeagin was carrying, and that he had helped Yeagin to move his parcels into room 638.

Finally, the security chief testified that after Yeagin was jailed awaiting trial, he At the security chief's request, Yeagin's girlfriend provided a statement--allegedly written and signed by Yeagin--that authorized her to retrieve these items. At this time, officers had custody of all firearms, illegal drugs, and drug paraphernalia seized in the search.

and his girlfriend had phoned the Marriott to request the return of Yeagin's personal property seized during the search of room 638. Yeagin's girlfriend told the chief that Yeagin was especially interested in recovering his leather jacket and boots. She eventually picked up the property, which consisted mainly of luggage and clothes.

Before trial, Yeagin moved to suppress the evidence obtained in the search on the grounds that he did not voluntarily consent to the search. The district court denied this motion.

Near the end of the government's case, the prosecutor sought to introduce evidence of Yeagin's nine prior felony convictions. In an effort to prevent the introduction of this evidence, Yeagin offered to make two stipulations: (1) he would stipulate that he had the requisite intent to distribute if the government proved possession of drugs, and (2) he would stipulate that he had prior felony convictions if the government proved possession of a firearm. The government refused to accept these stipulations, and the trial judge allowed the government to read to the jury a list of all nine of Yeagin's prior felony convictions. 1

Admissibility of the Search Evidence

Yeagin first argues that both searches--the initial security sweep and the later consent search--violated his fourth amendment rights and that evidence obtained in these searches should be suppressed. The only search of consequence to this appeal, however, is the second search because the government seized no evidence during the first search.

Since the district court entered no factual findings and indicated no legal theory underlying its decision to admit the evidence obtained in the consent search, we must independently review the record to determine whether any reasonable view of the evidence supports admissibility. See United States v. Horton, 488 F.2d 374, 380 (5th Cir.1973), cert. denied, 416 U.S. 993, 94 S.Ct. 2405, 40 L.Ed.2d 772 (1974). The government must prove that the consent was voluntary only by a preponderance of the evidence. See United States v. Hurtado, 905 F.2d 74, 76 (5th Cir.1990) (en banc) (overruling previous decisions requiring the government to prove voluntariness by clear and convincing evidence).

We have studied the record in light of the following factors: "(1) the voluntariness of the defendant's custodial status; (2) the presence of coercive police procedures; (3) the extent and level of the defendant's cooperation with the police; (4) the defendant's awareness of his right to refuse consent; (5) the defendant's education and intelligence; and (6) the defendant's belief that no incriminating evidence will be found." United States v. Gonzalez-Basulto, 898 F.2d 1011, 1013 (5th Cir.1990) (citing United States v. Galberth, 846 F.2d 983, 987 (5th Cir.), cert. denied, 488 U.S. 865, 109 S.Ct. 167, 102 L.Ed.2d 137 (1988)).

We believe that two of the relevant factors support Yeagin's argument that the consent was not voluntary. First, Yeagin's custodial status was certainly not voluntary; he had been handcuffed and escorted by officers to another room for questioning. Second, Yeagin knew that incriminating evidence would be found if he agreed to the search.

The other four factors, however, support the district court's conclusion that the consent was voluntary. The government presented testimony by four government witnesses who participated in arresting and questioning Yeagin. The evidence indicates that the officers used no coercion in obtaining Yeagin's consent to search the hotel room. They properly advised Yeagin of his right to counsel and his right to The second factor that supports a finding of voluntariness is that the consent statement clearly said that Yeagin understood his right to refuse consent. The third factor, cooperativeness, also supports the government's argument. Yeagin was cooperative throughout the incident, even telling the officers about the firearms and drugs in the room before they searched it. Finally, Yeagin is a person of average intelligence who has obtained a G.E.D. He was capable of understanding his rights and making a voluntary choice to consent to the search.

remain silent. Yeagin's only support for his coercion argument is that he was shirtless and the officers were armed. We find this argument, however, unconvincing.

Based on these factors and on the totality of the circumstances in this case, we conclude that Yeagin voluntarily consented to the search of the room. See United States v. Cherry, 794 F.2d 201, 205 (5th Cir.1986), cert. denied, 479 U.S. 1056, 107 S.Ct. 932, 93 L.Ed.2d 983 (1987). The evidence obtained in the consent search was, therefore, admissible.

Evidence of Prior Convictions

The government concedes that the district court erred in admitting four of Yeagin's prior convictions because they were not necessary or relevant to any issue. 2 Without analyzing the evidence further, we might conclude that this error was prejudicial and remand the case for a new trial. However, to provide guidance to the district court in retrying the case, we also consider the admissibility of evidence of the other five prior crimes. 3

Without any offer to stipulate from Yeagin, evidence of these five prior drug felonies might have been relevant to two essential elements of the government's case. First, under the first count, possession of drugs with intent to distribute, intent was an essential element; thus, evidence of these prior crimes might have been admissible to show intent under Federal Rule of Evidence 404(b). Second, under the third count, possession of a firearm by a convicted felon, the government had to show that ...

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    • U.S. District Court — Western District of Texas
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    ...burden of proving, by a preponderance of the evidence, that the consent was voluntary. Kelley, 981 F.2d at 1470; United States v. Yeagin, 927 F.2d 798, 800 (5th Cir.1991). However, where consent is preceded by a Fourth Amendment violation, the government has a heavier burden of proving cons......
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2 books & journal articles
  • Uncharged - Misconduct Evidence and the Issue of Intent: Limiting the Need for Admissibility
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 67, 1992
    • Invalid date
    ...983 F.2d 1160, 1174 (1st Cir. 1993); United States v. Diaz-Lazarus, 981 F.2d 1216, 1224-25 (11th Cir. 1993); United States v. Yeagin, 927 F.2d 798, 803 (5th Cir. 1991); United States v. Colon, 880 F.2d 650, 859 (2d Cir. 1989~-Contra United States v. Hadley, 918 F.2d 848, 852 (9th Cir. 1990)......
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    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 45, 2022
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    ...("[O]ther crimes evidence is inadmissible to prove intent when that issue is not really in dispute.; see also United States v. Yeagin, 927 F. 2d 798, 803 (5th Cir. 1991) ("Other crimes evidence is not admissible merely because the government manages on appeal to identify some broad notion o......

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