U.S. v. Mastromatteo

• Decision Date: 19 August 2008
• Docket Number: No. 06-2349.,06-2349.
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Michael MASTROMATTEO, Defendant-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

538 F.3d 535

UNITED STATES of America, Plaintiff-Appellee, v. Michael MASTROMATTEO, Defendant-Appellant.

No. 06-2349.

United States Court of Appeals, Sixth Circuit.

Argued: July 22, 2008.

Decided and Filed: August 19, 2008.

ARGUED:

Raymond J. Rigat, The Rigat Law Office, Clinton, Connecticut, for Appellant. Patricia G. Gaedeke, Assistant United States Attorney, Detroit, Michigan, for Appellee.

ON BRIEF:

Raymond J. Rigat, The Rigat Law Office, Clinton, Connecticut, for Appellant. Patricia G. Gaedeke, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: BOGGS, Chief Judge; MOORE and CLAY, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant, Michael Mastromatteo ("Mastromatteo"), appeals the district court's denial of a motion for a hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), and he challenges the reasonableness of his sentence. Mastromatteo pleaded guilty to four methamphetamine-related counts, and he did so without the benefit of a written plea agreement. Despite the absence of a written plea agreement, Mastromatteo asserts that he entered a conditional plea nonetheless and may challenge the denial of the Franks hearing. We agree. Although Mastromatteo is not barred from challenging the denial of the Franks hearing on the basis of his plea agreement, we conclude that Mastromatteo did not establish a legitimate expectation of privacy in the Lenfesty property, the only property at issue on appeal. Thus, Mastromatteo lacks standing to challenge the denial of the Franks hearing. Furthermore, even if Mastromatteo had standing to challenge the search warrant, the district court properly denied the Franks hearing because the warrant, stripped of any allegedly false statements, contains evidence sufficient to support the magistrate judge's finding of probable cause. Lastly, we hold that Mastromatteo's sentence was reasonable. For the reasons described below, we AFFIRM the district court's denial of Mastromatteo's motion for a Franks hearing and AFFIRM Mastromatteo's sentence.

I. BACKGROUND

A. Factual Background

This case involves the prosecution of a methamphetamine production and trafficking ring. We discussed the factual background of this case in the appeal of one of Mastromatteo's codefendants in United States v. Schoeninger, 254 Fed.Appx. 504 (6th Cir.2007) (unpublished). Although the facts in this case overlap with those in Schoeninger, we set out the facts anew as this case presents different questions.

In 2002, officers on the County of Macomb Enforcement Team ("COMET") drug taskforce in Michigan received a tip from a confidential informant identifying Demitrius Meffer ("Meffer") as an organizer in the construction of a methamphetamine lab. No action was taken at that time, but on February 7, 2005, COMET received a tip "from a one-time credible confidential source that a clandestine meth lab was operating in the area" near the New Haven Police Department. Joint Appendix ("J.A.") at 48 (Gratiot Ave. Warrant Aff. at 3). The tip did not provide any additional information.

On the basis of this vague tip, COMET began scouring the area. While canvassing the area, the agents observed a 2003 Ford F-250 pick-up truck that was registered to Meffer, according to the affidavit for the search warrant. It was subsequently discovered that the warrant affidavit was incorrect; the pick-up truck was not registered to Meffer but was instead registered to a woman living at Meffer's residence.

Already suspicious because of the 2002 tip implicating Meffer in methamphetamine production, COMET began a comprehensive surveillance of Meffer's activities. The surveillance included the suspected methamphetamine lab on Gratiot Avenue, which was where the officers initially spotted the pick-up truck; COMET also surveilled an address on North Zacharias Court, Meffer's residence. Eventually, the surveillance expanded to include an address on Lenfesty. Using the results of the surveillance as his primary evidence, on March 9, 2005, Lieutenant Richard Margosian ("Margosian") filed an affidavit requesting a search warrant for the Gratiot Avenue property. Nearly identical affidavits were filed to obtain search warrants for other properties including the Lenfesty address.

According to the Gratiot-warrant affidavit, on February 12, 2005, the wife of a known methamphetamine user arrived at the Gratiot address, and after getting no response at the building, she made a few phone calls and left. The woman returned a short while later when Meffer arrived at the building. Meffer raised the hood on the woman's vehicle and gave "the appearance that he may be working on the truck, when in fact, he made several trips from the truck into the building without tools and/or parts in hand." J.A. at 49 (Gratiot Warrant Aff. at 4). According to Meffer's counsel, however, surveillance tapes make it "clear he's working on this truck." J.A. at 157 (Dec. 9, 2005, Evid. Hr'g at 26:23-24).

On the same day, officers observed a man holding a paper bag walk from a nearby building and enter the Gratiot property; the man left empty handed. Another man walked from the same nearby building and entered the Gratiot property carrying no bags, and officers observed him leave holding a green bag.

Later that same day, Meffer left the Gratiot property in order to fill a propane tank. According to the affidavit, "[p]ropane tanks are consistently used in the manufacturing of meth." J.A. at 60 (Gratiot Warrant Aff. at 15). Meffer also went to an automobile-parts store, and officers observed him purchasing brake pads and brake cleaner. Brake cleaner contains a chemical used in the manufacture of methamphetamine. Surveillance reports, however, did not mention the brake cleaner and indicated only that Meffer "was observed buying some brakes." J.A. at 78 (Feb. 12, 2005, Surveillance Activity Report at 2).

On February 15, 2005, the surveillance continued. According to the warrant affidavit, officers observed that two surveillance cameras placed in the front window protected the Gratiot property. Later that evening, agents followed Meffer into a store where they saw Meffer purchase bottled water and three cans of spray paint. The spray paint contained chemicals "consistently used in the production and manufacturing of methamphetamine." J.A. at 62 (Gratiot Warrant Aff. at 17).

According to the warrant affidavit, after Meffer returned to the Gratiot address, a detective approached the building and "detected a strong chemical odor coming from the building." J.A. at 52 (Gratiot Warrant Aff. at 7). The officer "described it as a sulfur type of odor." Id. In contrast to the affidavit, surveillance reports stated only that the officer "observe[d] a chemical type odor" in the "vicinity" of the Gratiot property. J.A. at 79 (Feb. 15, 2005, Surveillance Activity Report at 1). Furthermore, according to the affidavit, the smell came "through an air vent located on the west side of the building." J.A. at 62 (Gratiot Warrant Aff. at 17). An investigator with the Federal Defender's Office, however, could find no air vents located on the Gratiot property.

On February 16, 2005, agents observed Meffer enter the residence of a suspected methamphetamine producer. According to the warrant affidavit, later that evening agents observed Meffer remove something from the inside of his truck and bring it into the Gratiot address. The surveillance report, however, states only that officers observed Meffer "out doing something in [the] bed of" the pick-up truck. J.A. at 82 (Feb. 16, 2005, Surveillance Activity Report at 3).

On February 21, a detective again detected a chemical smell near the Gratiot property. It was "a strong chemical odor which was consistent with the sulfur type odor [that the officer] detected on 02-15-05." J.A. at 55 (Gratiot Warrant Aff. at 10).

The affidavit stated that on March 1 a confidential informant for another drug taskforce identified the Gratiot address as a methamphetamine lab.

On March 3, Meffer drove from the Gratiot address to the Lenfesty property. According to the affidavit, "Meffer and another male subject were observed to be carrying items from [Mastromatteo's] van into the building at ... Lenfesty." J.A. at 57 (Gratiot Warrant Aff. at 12). The surveillance report, however, did not identify Meffer as one of the individuals carrying items. Instead, the report stated that "2 male subjects walk[ed] from the building to the van carrying items into the building." J.A. at 86 (Mar. 3, 2005, Surveillance Activity Report at 1). The agents then observed an individual work on the top of the van parked at the Lenfesty address; the officers believed the individual was creating a secret compartment. Later that night, Meffer drove to a Wal-Mart, purchased Rustoleum spray paint and more water, and then returned to the Gratiot address.

On March 4, officers observed Meffer using welding equipment to repair a trailer. The welding equipment included hydrogen gas, which "is also used in the manufacturing of meth." J.A. at 66 (Gratiot Warrant Aff. at 21).

The warrant affidavit stated that on March 8, a detective again detected "a sulfur type odor, consistent with the odor of a clandestine meth lab. And, the same sulfur type odor from 02-15-05 and 02-21-05." J.A. at 58 (Gratiot Warrant Aff. at 13). The surveillance report, however, stated only: "Odor' [sic] detected behind ... Gratiot." J.A. at 93 (March 8, 2005, Surveillance Activity Report at 1).

On March 9, 2005, a magistrate judge issued search warrants for several properties including the Gratiot and Lenfesty properties. On March 10 and 11, officers executed the warrants. At the Gratiot address, agents discovered a methamphetamine lab. The search of the Lenfesty address revealed a suspected methamphetamine lab and "various hazardous materials used to make methamphetamine." J.A. at 313 (Presentence Investigation Report ("PSR") at 9).

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