U.S. v. Guzman-Tlaseca

• Decision Date: 17 November 2008
• Docket Number: No. 07-3836.,07-3836.
• Parties: UNITED STATES of America, Appellee, v. Modesto GUZMAN-TLASECA, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

546 F.3d 571

UNITED STATES of America, Appellee, v. Modesto GUZMAN-TLASECA, Appellant.

No. 07-3836.

United States Court of Appeals, Eighth Circuit.

Submitted: June 9, 2008.

Filed: November 17, 2008.

Lee R. Johnson, St. Louis Park, MN, for appellant.

Lisa D. Kirkpatrick, AUSA, Minneapolis, MN, for appellee.

Before MURPHY, BYE, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

On February 13, 2007, a federal grand jury indicted Modesto Guzman-Tlaseca, and co-defendants Francisco Lee Sifuentes, Roberto Sanchez Garciduenos, and Erika Janette Placensia on a charge of conspiring to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a), 841(b)(1)(A), and 846. The district court¹ denied Guzman-Tlaseca's pretrial motion to suppress evidence. A jury convicted Guzman-Tlaseca, and the district court sentenced him to 264 months of imprisonment. Guzman-Tlaseca appeals the denial of his motion to suppress, his conviction, and his sentence.

I.

Law enforcement investigated Guzman-Tlaseca for a one and one-half year period before his arrest in January, 2007. Drug Enforcement Administration ("DEA") Special Agent Jeffrey J. Fiance ("SA Fiance") was the affiant for the warrants in question and testified at the evidentiary hearing on Guzman-Tlaseca's motion to suppress evidence. At the time of the arrest, SA Fiance had been in law enforcement for eight years and an agent for the DEA for six years. In his affidavit, he stated that the DEA, Immigration and Customs Enforcement ("ICE") and the Anoka-Hennepin Drug Task Force ("AHDTF") had been investigating a drug trafficking ring called the "Guzman-Tlaseca Drug Trafficking Organization" ("DTO"). He averred that on July 6, 2005, police executed a search warrant on Guzman-Tlaseca's home on 55th Street in Minneapolis ("55th Street residence"). They found approximately 3 ounces of methamphetamine, a digital scale, and $158 of pre-recorded buy funds, which the AHDTF had previously used to buy narcotics from Guzman-Tlaseca. He was arrested, but not charged, because of an investigation into his ongoing criminal activity.

SA Fiance also related in his affidavit the facts surrounding controlled purchases of narcotics from Guzman-Tlaseca during April and May, 2006. A confidential informant, CS-1, purchased methamphetamine from Guzman-Tlaseca at a separate residence on 27th Avenue in Minneapolis ("27th Ave. house") on May 5, 2006 and May 17, 2006. An undercover DEA agent accompanied CS-1 on the May 17, 2006 purchase.

Another informant, CI-1, purchased methamphetamine from Guzman-Tlaseca at the 27th Ave. house on April 26, 2006, and at the 55th Street residence on April 27, 2006 and April 28, 2006. On the last two occasions, undercover DEA agents accompanied CI-1. DEA agents also monitored the April 27, 2006 transaction through an electronic listening device that CI-1 was wearing.

In November 2006, CS-1 informed law enforcement that Guzman-Tlaseca had rented a residence in Richfield, Minnesota ("Richfield residence") that was possibly being used to store and coordinate the distribution of methamphetamine. DEA and ICE special agents had already identified the Richfield residence as a suspected "drug stash location" for the DTO. SA Fiance stated in his affidavit that this was further corroborated by other subjects of the investigation.

SA Fiance averred that on December 19, 2006, Minnesota Bureau of Criminal Apprehension Special Agent Ron Woolever ("SA Woolever"), purchased approximately five ounces of methamphetamine from co-defendant Garciduenos in an undercover capacity. Information obtained from Garciduenos led to the arrest of Ruben Rodriguez Navarez, who stated that a man he knew as "Rey" had given him a phone to use.² During searches of the vehicles driven by Navarez and Garciduenos, two cellular telephones were seized. SA Woolever identified a common number in these two phones. When he called the number, a man who identified himself as "Rey" answered, and then handed the phone to a woman later identified as co-defendant Placensia. After several conversations, Placensia agreed to meet SA Woolever and deliver to him a half pound of methamphetamine.

On December 29, 2006, SA Woolever met with Placensia and arrested her after the purchase of one-half pound of suspected methamphetamine. She subsequently informed SA Woolever that "Rey" was the source of the methamphetamine that she and Garciduenos sold to him. On December 29, 2006, accompanied by special agents from the Minnesota Bureau of Criminal Apprehension, Placensia identified Guzman-Tlaseca's Richfield residence as Rey's "stash house." She indicated that she had seen methamphetamine at the Richfield residence within 48 hours of December 29, 2006, and she identified a man outside the residence as "Rey." She also picked Guzman-Tlaseca's photograph out of a photographic array and identified him as someone she had seen at the Richfield residence giving money to "Rey."

On January 17, 2007, SA Fiance applied for search warrants to search the Minneapolis and Richfield residences. He requested authority to search the 55th Street residence for documents relating to the transportation, distribution and manufacturing of narcotics. In support of his affidavit, SA Fiance wrote, in his own handwriting, that "[a]s of December 2006, your affiant has information received from a CRI that detailed drug ledgers were being kept at the residence located at 4122 55th, Minneapolis, MN." For the Richfield residence, he requested the authority to search for controlled substances, narcotics trafficking paraphernalia, and documents or other written evidence relating to the transportation, ordering, purchase or distribution of controlled substances. The affidavits supporting the two warrants were nearly identical, the only difference being that SA Fiance did not include the handwritten notation in the affidavit supporting the warrant to search the Richfield residence.

During the execution of the warrant for the search of the 55th Street residence, law enforcement discovered folded currency containing a white powder that field tested positive for methamphetamine. A search of the basement uncovered other items consistent with a narcotics operation, such as heat-sealed bags that had been opened, unused ziplock bags, and a white powdery substance that appeared to be cut material used to increase the volume of controlled substances. SA Fiance applied for and received a second warrant to search the 55th Street residence based on these discoveries.

The prosecution introduced into evidence items discovered during these searches. From the 55th Street residence, the prosecution introduced a Derringer pistol, ammunition, documents belonging to co-defendant Sifuentes, and a small amount of methamphetamine. From the Richfield residence, the government introduced two driver's licenses belonging to Guzman-Tlaseca, some paperwork belonging to him, and approximately 30 grams of methamphetamine.

Guzman-Tlaseca filed a motion to suppress the evidence obtained during the searches of his two residences, claiming that the searches were not supported by probable cause. After an evidentiary hearing, the magistrate judge³ recommended the denial of the motion. The district court adopted the recommendation and denied the motion to suppress. The United States filed an information to establish a prior felony drug conviction of Guzman-Tlaseca and enhance his mandatory minimum sentence pursuant to 21 U.S.C. § 851.

At trial, more evidence was introduced concerning Guzman-Tlaseca's participation in the drug conspiracy. Government informant Scott Groff testified that, prior to his October 14, 2005 arrest, he had been dealing drugs with Guzman-Tlaseca for approximately six months. After Groff's arrest, he cooperated with law enforcement, and engaged in controlled buys of narcotics from Guzman-Tlaseca and co-defendant Sifuentes on October 14, 2005; October 18, 2005; and November 15, 2005. He also testified that he helped Guzman-Tlaseca and Sifuentes acquire methamphetamine on one occasion in mid-2005. Sifuentes also testified about Guzman-Tlaseca's drug trafficking activities.

On June 20, 2007, the jury returned a verdict of guilty. As a result of a prior felony drug conviction, Guzman-Tlaseca's mandatory sentence was 20 years. See 21 U.S.C. § 841(b)(1)(A)(viii). The Presentence Investigation Report ("PSR") recommended a base offense level of 34, based on the quantity of drugs involved. The PSR further recommended a two-level enhancement for Guzman-Tlaseca's possession of a firearm, and a two-level enhancement for his managerial role in the drug conspiracy. The district court rejected the enhancement for possession of a firearm, but found Guzman-Tlaseca to be a manager and enhanced his offense level to 36, with a category III criminal history. This resulted in a guideline range of imprisonment of 235 to 293 months. The district court imposed a 264-month sentence.

II.

Guzman-Tlaseca appeals the denial of his motion to suppress the evidence on the grounds that none of the three warrants were supported by probable cause. We review a district court's factual conclusions for clear error and its legal conclusions de novo. United States v. Nguyen, 526 F.3d 1129, 1133 (8th Cir.2008). We conclude that the district court properly denied Guzman-Tlaseca's motion to suppress.

"Probable cause exists when, given the totality of the circumstances, a reasonable person could believe there is a fair probability that contraband or evidence of a crime would be found in a particular place." United States v. Nolen, 536 F.3d 834, 839 (8th Cir.2008) (quoting United States v. Fladten, 230 F.3d 1083, 1085 (8th Cir.2000)). As the Supreme Court has emphasized, probable cause is a "practical, nontechnical conception." Illinois v. Gates, 462 U.S. 213, 231, 103 S.Ct. 2317, 76 L.Ed.2d 527 (quoting Brinegar v. United States, 338 U.S. 160, 176, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949)). It deals with...