U.S. v. Goff, s. 91-4031
| Decision Date | 20 September 1993 |
| Docket Number | Nos. 91-4031,91-4097,s. 91-4031 |
| Citation | 6 F.3d 363 |
| Parties | UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Denny L. GOFF, Defendant-Appellee, Cross-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
David A. Sierleja, Office of the U.S. Atty. (argued and briefed), Cleveland, OH, for plaintiff-appellant, cross-appellee.
Mary Jane Stephens (argued and briefed), Youngstown, OH, Richard F. Schwartz, Warren, OH, for defendant-appellee, cross-appellant in No. 91-4031.
Mary Jane Stephens (argued and briefed), Sam Amendolora, Youngstown, OH, Richard F. Schwartz, Warren, OH, for defendant-appellee, cross-appellant in No. 91-4097.
Denny L. Goff (briefed), Springfield, MO.
Before: JONES and RYAN, Circuit Judges; and PECK, Senior Circuit Judge. *
The government appeals Denny Goff's sentence after a conviction for drug trafficking and illegal possession of firearms. Goff cross-appeals the district court's denial of his motion to suppress evidence. We shall affirm Goff's conviction, but vacate his sentence.
Goff, along with a codefendant, was charged in a thirteen-count indictment with six counts of distributing cocaine and lysergic acid diethylamide (LSD), in violation of 21 U.S.C. Sec. 841(a)(1). Goff was charged with three counts of possessing with the intent to distribute either cocaine, LSD, or marijuana, also in violation of section 841(a)(1). Two counts charged Goff with being in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g)(1). The final two counts of the indictment charged him with making false statements to a firearms dealer, in violation of 18 U.S.C. Sec. 922(a)(6).
The charges were brought after a lengthy undercover investigation of drug dealing in Trumbull County, Ohio. The indictment was based on information provided by confidential informants and undercover Trumbull County police officers who had made controlled purchases of nearly 400 "hits" of LSD, three quantities of cocaine, and a .25 caliber semi-automatic pistol at Goff's residence.
Based on an affidavit drafted by Detective Paul Monroe of the Trumbull County Drug Task Force, an Ohio magistrate issued a search warrant for Goff's home. The search produced additional evidence against Goff and his girlfriend, including drugs, cash, drug transaction records, and numerous loaded and unloaded firearms. Goff was later arrested.
In the district court, Goff filed a motion to suppress all evidence seized as a result of the warrant-authorized search. At the suppression hearing, Goff argued that the warrant had issued without a showing of probable cause. He challenged the supporting affidavit filed by Detective Monroe, charging there was no showing that the confidential informant's information was reliable. Goff also contended that Detective Monroe lacked sufficient experience to make a probable cause determination. Finally, Goff pointed out that the supporting affidavit incorrectly described his criminal record. At the suppression hearing, Detective Monroe conceded that his affidavit misstated Goff's criminal record, but maintained that the mistake was inadvertent. The district court denied Goff's suppression motion. At the conclusion of a jury trial, Goff was found guilty on all but one of the counts with which he was charged.
At the sentencing hearing, Goff was determined to be subject to a statutory minimum sentence of ten years' imprisonment, under 21 U.S.C. Sec. 841(b)(1)(B)(v), because of prior convictions and the amount of illegal drugs in his possession. Goff asked the district court to depart downward from this sentence on the ground that, as a wheelchair-bound quadriplegic, he suffers from an extraordinary physical impairment within the meaning of U.S.S.G. Sec. 5H1.4, p.s. (Nov. 1990). The government opposed this motion, arguing first that Goff did not suffer from an extraordinary physical impairment within the meaning of U.S.S.G. Sec. 5H1.4, and second, that this guideline policy statement did not provide authority for the court to depart from a statutorily mandated minimum term of imprisonment.
Rejecting the government's argument, the district court concluded that Goff did suffer from an extraordinary physical impairment under section 5H1.4 and that he "should be sentenced in the context of the policy statement in Sec. 5H1.4." The district court imposed a 120-month sentence, 60 months of which Goff was to spend "in a jail-type institution," with the remaining time to be "served in home confinement."
Goff argues in this appeal that the district court erred by denying his suppression motion. He contends that the Trumbull County Task Force's confidential informant was unreliable, that Detective Monroe was inexperienced, and that these alleged defects--coupled with the misstatement of Goff's criminal record in the supporting affidavit--caused the warrant to be issued without a showing of probable cause. Goff argues that the district court should have granted his motion to suppress the evidence seized from the search of his home. The government, in contrast, maintains that the Ohio issuing magistrate was presented with ample evidence from which probable cause for the issuance of the warrant could be found.
We review a district court's decision on a motion to suppress evidence under two standards. First, the district court's findings of fact are upheld unless clearly erroneous. United States v. Leake, 998 F.2d 1359, 1362 (6th Cir.1993). The district court's legal conclusion that probable cause existed is reviewed de novo. Id. Second, as to the issuing magistrate's determination of probable cause, we pay "great deference," and recognize that such a finding " 'should not be set aside unless arbitrarily exercised.' " United States v. Pelham, 801 F.2d 875, 877 (6th Cir.1986) (citation omitted), cert. denied, 479 U.S. 1092, 107 S.Ct. 1305, 94 L.Ed.2d 160 (1987).
A review of the record in this case convinces us that both the issuing magistrate and district court were correct in finding probable cause to support issuance of the search warrant. Acknowledging the factual inaccuracies in the affidavit, the evidence presented to the issuing magistrate of Goff's drug and firearms dealing was overwhelming. Numerous drug transactions were conducted by Goff, both with confidential informants monitored by law enforcement officials, and with undercover police officers themselves. A firearms purchase was likewise consummated. Several of these transactions were recorded using "body wires." Indeed, Detective Monroe's own involvement in the transactions, standing alone, would be enough for a finding of probable cause for the issuance of the warrant. The misstatement of Goff's criminal record appears to have been inadvertent and was, in any case, immaterial. We agree with the district judge's conclusion that he had "rarely seen an affidavit that more oozes with probable cause than this one."
We turn now to the sentencing issue raised by the government's appeal.
The government contends that the district court erred in refusing to sentence Goff to the statutory minimum of ten years imprisonment, but instead, applying sentencing guidelines section 5H1.4 for defendants having "an extraordinary physical impairment". The government claims the court erroneously allowed a sentencing guidelines policy statement to trump the statutorily provided minimum mandatory sentence of ten years imprisonment. Goff argues that, given his severe disability, the district court's approach was proper.
As a repeat offender convicted of possessing and distributing a significant amount of illegal drugs, Goff is subject to 21 U.S.C. Sec. 841(b)(1)(B)(v), which provides, in relevant part:
... such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment....
(Emphasis added.)
Against the backdrop of this statutorily mandated minimum term of ten years imprisonment are various sentencing guidelines...
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