U.S. v. Reyes

• Decision Date: 11 September 1990
• Docket Number: No. 89-2073,89-2073
• Citation: U.S. v. Reyes, 908 F.2d 281 (8th Cir. 1990)
• Parties: UNITED STATES of America, Appellee, v. Angel REYES, a/k/a Jose Konig Mangele, etc., Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 281

908 F.2d 281

59 USLW 2118

UNITED STATES of America, Appellee, v. Angel REYES, a/k/a Jose Konig Mangele, etc., Appellant.

No. 89-2073.

United States Court of Appeals Eighth Circuit.

Submitted Jan. 17, 1990.

Decided July 9, 1990.

Rehearing and Rehearing En Banc

Denied Sept. 11, 1990.

James C. Delworth, St. Louis, Mo., for appellant.

Michael Fagan, St. Louis, Mo., for appellee.

Before McMILLIAN and MAGILL, Circuit Judges, and HANSON, ^* Senior District Judge.

MAGILL, Circuit Judge.

Angel Reyes-Resendez (Reyes) appeals his conviction ¹ on thirteen counts of making false statements in violation of 18 U.S.C. Secs. 2, 911, 1001, 1002, 1028, and 1542, and 42 U.S.C. Sec. 408(g)(2), one count of being an alien unlawfully present in the United States in violation of 8 U.S.C. Sec. 1326, one count of possessing false identification in violation of 18 U.S.C. Sec. 1028(a)(3), and one count of possession of a firearm by a felon in violation of 18 U.S.C. Sec. 922(g). The district court ² sentenced him to concurrent thirty-month terms on each of the first fifteen counts. On the final count, ³ he was sentenced to a concurrent twenty-four-month term.

Reyes argues that the district court erred when it denied his motions to suppress items seized from a bus locker and statements made to a pretrial services officer. Furthermore, Reyes argues that the district court erred by increasing his base offense level pursuant to Sentencing Guideline Sec. 2F1.1(b)(2)(B) for participating in a scheme to defraud more than one victim, Sec. 2F1.1(b)(2)(A) for engaging in more than minimal planning, and Sec. 3C1.1 for obstruction of justice. This appeal presents five issues. First, whether Reyes had standing to contest a warrantless search of a rented locker which took place after the rental period had expired when he was prevented, because of his lawful arrest, from renewing the rental period. ⁴ Second, whether Reyes had a right to have the officer who was attempting to complete a pretrial release report read him the Miranda warnings before asking him his name when the officer informed him that his response would not be used against him at trial on the charges he was then facing. ⁵ Third, whether agencies of the United States Government with distinct interests can constitute separate victims under Sec. 2F1.1(b)(2)(B). Fourth, whether the district court erred in increasing the base offense level by finding that Reyes had engaged in a scheme which involved more than minimal planning. Finally, whether the trial court erred in increasing the base offense level by finding that Reyes had willfully impeded or obstructed the administration of justice by refusing to obey a court order to provide a sample of his handwriting style. After a review of the entire record, we affirm. However, because we hold that Reyes had no right to be read his Miranda rights and that agencies with distinct interests can constitute separate victims under Sec. 2F1.1(b)(2)(B), our affirmance is based, in part, on different grounds.

I.

The United States deported Reyes, a Nicaraguan citizen, for illegally entering this country in 1987. Undaunted, he shortly thereafter reentered the United States and began a life of crime. On April 29, 1988, ⁶ Reyes knowingly made several fraudulent representations to Social Security Administration officials in St. Louis, Missouri. In an attempt to secure a social security card under a false name, Reyes fraudulently represented on Social Security Form SS-5 ⁷ that his name at birth was Daniel Edward Arnold, that he was born on June 14, 1954 in Coffeyville, Kansas, that his mother's name at her birth was Mattie E. Stafford, that his father's name was Charles E. Edward, that 500-78-4523 was his social security number, and that he was a United States citizen.

On May 4, Reyes again visited the Social Security office in St. Louis and filled out another Form SS-5. The information he provided was identical to that which he fraudulently provided on April 29 with two exceptions. First, Reyes fraudulently identified his father as Charles D. Arnold. Second, he fraudulently reported his social security number to be 433-86-7453.

On June 20, Reyes went to the St. Louis Post Office in order to complete a United States passport application. The information he provided was identical to that which he fraudulently provided to the Social Security Administration on April 29 with three exceptions. First, Reyes fraudulently reported that his home phone number was 512-854-4016 and that his business phone number was 314-621-1288. Second, he fraudulently reported that his father's name was Charles Daniel Arnold and that his mother's name was Mattie Edward Stafford. Third, he fraudulently represented that his social security number was 433-86-7453.

On November 30, agent Todd Ostrom lawfully arrested Reyes. Agent Ostrom then conducted a search of Reyes and found in his possession several false identification documents and a key, which the agent subsequently discovered opened a storage locker at the Greyhound bus station. The identification documents included (1) a Michigan identification card bearing the name and address of Daniel Edward Arnold; (2) an Ann Arbor, Michigan Public Library card in the name of Daniel E. Arnold; (3) a Texas identification card in the name of Daniel Edward Arnold; (4) a book of checks in the name of Daniel Edward Arnold; and (5) a blood donor card signed by Daniel Eduardo A., III.

On December 1, pretrial services officer Carbol interviewed Reyes for the sole purpose of gathering information for a pretrial services summary report to be used by the district court in determining whether Reyes would be eligible for pretrial release. Reyes misrepresented to officer Carbol that his name was Jose Konig Mangele. Shortly thereafter, Reyes stated that because he thought officer Carbol was his attorney he had probably said too much, and he therefore would answer no more questions nor sign the advice of rights form which officer Carbol had read to him.

Reyes knowingly made additional misrepresentations on December 1. At his initial appearance, Reyes fraudulently informed Magistrate Carol Jackson that his name was Jose Konig Mangele, that he was born in Managua, Nicaragua and that he had never been convicted of any crimes.

On December 8, Reyes made a fraudulent statement to agent Ostrom regarding material facts within the jurisdiction of the United States Immigration and Naturalization Services. Reyes misrepresented to agent Ostrom that his name was Jose Konig Mangele, that he entered the United States around March 1988 during Mardi Gras in New Orleans, Louisiana, and that Daniel Arnold had given him a social security card.

On December 12, agent Ostrom took the key he had seized from Reyes on November 30 to the Greyhound bus terminal. He contacted the manager of the terminal who, after determining that the locker's rent was overdue, opened it with his master key. Inside the locker, agent Ostrom discovered a receipt from a San Antonio pawn shop for a gun, five Kansas birth certificates in the name of Daniel Edward Arnold, letters addressed to Daniel Arnold and several identification cards in the name of Daniel A. Eduardo, III. ⁸ Agent Ostrom also discovered a black bag in which he found a gun and a large knife.

Reyes had rented this locker at the terminal on November 30 and had paid rent until December 1. On the locker was printed the warning that "[a]fter 24 hours [the] contents may be removed and held [ ^*] ⁹ days then sold for accrued charges." Pursuant to company policy, the lock is plugged if the locker is not renewed after the expiration of the rental period. The company did in fact plug the lock of the locker Reyes had rented. After five days the contents are removed for storage. ¹⁰ When the contents are removed, the company makes a list of the items removed and attaches a tag to each. If the company discovers firearms or ammunition in the lockers, it contacts the police and turns the items over to their custody.

Following a three-day trial, the jury deliberated for approximately two hours before finding Reyes guilty of all sixteen counts of the indictment. The district court sentenced him to fifteen concurrent thirty-month sentences and one concurrent twenty-four-month sentence. It is from his conviction and the district court's sentencing order that Reyes appeals.

II.

A.

Reyes argues that the district court erred in refusing to suppress items seized from the bus locker. The district court found that Reyes had no standing to challenge the introduction of the items seized from the locker. In order to successfully challenge the constitutionality of the search, Reyes must show that he possessed a reasonable expectation of privacy in the area searched or the items seized. California v. Greenwood, 486 U.S. 35, 39, 108 S.Ct. 1625, 1628, 100 L.Ed.2d 30 (1988); Rakas v. Illinois, 439 U.S. 128, 148-49, 99 S.Ct. 421, 433, 58 L.Ed.2d 387 (1978); Smith v. Maryland, 442 U.S. 735, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979); Katz v. United States, 389 U.S. 347, 361, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). In order to demonstrate the existence of a reasonable privacy expectation, a defendant must not only prove that he subjectively believed that the area or item was private but society must be "prepared to accept that expectation as objectively reasonable." Greenwood, 486 U.S. at 39-40, 108 S.Ct. at 1628-29.

Reyes rented the locker on November 30, 1988 for a period of only twenty-four hours. Clearly printed on the front of his locker was a warning that if he did not renew his rental period or remove his items, they would be removed and possibly sold. Reyes did not pay for additional time or remove his items after the expiration of the twenty-four hours. As a result, his rental term expired on December 1, several days before agent Ostrom conducted the warrantless search of the locker. Therefore, Reyes could not have had a legitimate expectation...