U.S. v. Santiago

• Decision Date: 18 May 2005
• Docket Number: No. 03-30786.,03-30786.
• Citation: 410 F.3d 193
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Rodney SANTIAGO, Defendant-Appellant.
• Court: U.S. Court of Appeals — Fifth Circuit

410 F.3d 193

UNITED STATES of America, Plaintiff-Appellee, v. Rodney SANTIAGO, Defendant-Appellant.

No. 03-30786.

United States Court of Appeals, Fifth Circuit.

May 18, 2005.

COPYRIGHT MATERIAL OMITTED

Theodore Carter (argued), Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Roma A. Kent, Asst. Federal Public Defender (argued), Robin Elise Schulberg, New Orleans, LA, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before KING, Chief Judge, and DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Appellant Rodney Santiago ("Santiago") appeals from the district court's denial of his motion to suppress firearms discovered in a search of his residence and a written statement, which resulted in his conditional guilty-plea conviction for two counts of possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1)¹ and 924(a)(2)². For the reasons set forth below, because we find that the search of the home was lawful and the written statement was voluntarily rendered, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Santiago had previously been convicted of a felony punishable by imprisonment exceeding one year. On September 12, 2002, the search for a burglary suspect named Danny Rossignol ("Rossignol") led deputies of the Jefferson Parish Sheriff's Office to Santiago's residence because Santiago had fenced stolen goods for Rossignol in the past. When the deputies arrived at his residence, Santiago opened the door allowing them to enter. Upon entering the residence, the deputies observed a firearm in plain view on a mantle in an adjacent room. Santiago acquiesced to the deputies request to search his home for items that Santiago may have received from Rossignol. During the search the deputies discovered two more firearms. One of the firearms present was identified as one of the items stolen by Rossignol. The deputies also recovered a television set, video tapes and a tool set, which also had been stolen by Rossignol.

In order to encourage Santiago to sign a written statement drafted by the deputies which stated that Santiago had purchased the stolen firearm and other items from Rossignol, and had possessed all three firearms, the deputies promised Santiago that he would not be arrested. They told Santiago that their focus was on Rossignol, and never informed Santiago of his rights under Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).³ Santiago told the deputies that he knew that he was not allowed to possess any firearms due to his previous conviction.

A few days after the search, the deputies turned over the three firearms seized to the Federal Bureau of Alcohol, Tobacco and Firearms ("ATF"). A federal warrant was then issued for Santiago's arrest. While in the process of being arrested by the U.S. Marshals at his residence, an additional firearm was discovered and seized from Santiago's home. Santiago was then indicted on two counts of possession of a firearm by a felon in violation of §§ 922(g)(1) and 924(a)(2).

Santiago moved in district court to suppress all the evidence seized by the deputies and the U.S. Marshals during the searches of his residence, and the written statement, asserting that the searches were illegal and that the statement he had given was involuntary. Santiago asserted that he did not consent to the deputies entry into and search of his home. He contended that because the search of his home was illegal, the three firearms seized by the deputies, and the additional firearm seized by the Marshals, should have been excluded as fruit of the poisonous tree of the illegal search. Santiago further argued that the written statement was obtained under false pretenses and was not voluntary because the deputies falsely informed him that the statement would not be used against him and that he would not be arrested.

The district court found no violation of Santiago's Fourth Amendment rights and rendered its oral reasons and order denying his motion to suppress at the conclusion of an evidentiary hearing. The district court did not issue written reasons or an order. The district court asked whether there was a valid invitation to enter the residence, and once inside, was there a valid consent to search the residence. The district court noted that while the deputies had not advised Santiago of his Miranda rights, any potential taint of the search was removed by Santiago's testimony at the hearing that he was familiar with his rights. The district court stated that without this testimony, it would have admitted only the firearm found in plain view by the deputies upon their entry into Santiago's home. Santiago entered a conditional guilty plea to both counts of the indictment, reserving his right to appeal the district court's denial of his motion to suppress. The district court sentenced him to sixty months imprisonment as to both counts, to run concurrently, followed by three years supervised release as to both counts, to run concurrently. Santiago filed a timely notice of appeal.

STANDARD OF REVIEW

In reviewing a district court's denial of a defendant's motion to suppress, this court reviews factual findings, including credibility choices, for clear error, while we review legal conclusions de novo. United States v. Solis, 299 F.3d 420, 435 (5th Cir.2002); United States v. Foy, 28 F.3d 464, 474 (5th Cir.1994). Where a district court's denial of a suppression motion is based on live oral testimony, the clearly erroneous standard is particularly strong because the judge had the opportunity to observe the demeanor of the witnesses. Solis, 299 F.3d at 436; Foy, 28 F.3d at 474. We review the evidence in the light most favorable to the prevailing party, which in this case is the government. Solis, 299 F.3d at 436. If the record supports more than one permissible interpretation of the facts, the reviewing court will accept the district court's choice between them, absent clear error. United States v. Posada-Rios, 158 F.3d 832, 868 (5th Cir.1998).

DISCUSSION

I. Preservation of appeal

Santiago argues that the district court erred in denying his motion to suppress without making factual findings to support its ruling. The government responds that Santiago's conditional guilty plea did not preserve for appeal this particular argument. Because Santiago did not raise this objection prior to filing his appeal, the government argues that he waived it. We disagree with the government.

A defendant may preserve the right to appeal an adverse ruling on a pretrial motion by entering a conditional plea. See Fed.R.Crim.P. 11(a)(2). A conditional guilty plea must be written, consented to by the government, and approved by the district court. Id. We have held that the writing must state explicitly the particular issues preserved for appeal. United States v. Wise, 179 F.3d 184, 186-87 (5th Cir.1999). However, we have also held that we will excuse a defendant's failure to comply with the writing requirement of Rule 11(a)(2) if the record demonstrates that the spirit of the rule has been fulfilled. Id. at 187; see also Fed.R.Crim.P. 11(h) (providing that any variance from the procedures required by Rule 11 which does not affect substantial rights shall be disregarded). Furthermore, a plea will be considered conditional if the record clearly indicates that the defendant intended to enter a conditional guilty plea, that the defendant expressed the intention to appeal a particular pretrial ruling, and that neither the government nor the district court opposed such a plea. Wise, 179 F.3d at 187.

Our review of the re-arraignment hearing transcript clearly shows that Santiago expressly intended to reserve his right to appeal the district court's denial of his suppression motion. The district court acknowledged Santiago's reservation of his right to appeal several times throughout the course of that hearing. The government eventually withdrew its initial objections to Santiago's reservation of his right to appeal under a conditional guilty plea. The record also shows handwritten revisions made on the factual basis sheet submitted by the government which specifically states that Santiago reserves his right to challenge the factual findings later on appeal. Finally, the district court at the re-arraignment hearing stated that it was not necessary for Santiago to refer to the written statement in the factual basis in order to preserve his right to appeal its admissibility. Thus, we find that the record reflects that Santiago entered a conditional guilty plea that preserved his right to appeal all aspects of the district court's denial of his motion to suppress, including any failure by the district court to make credibility determinations.

II. Rule 12(d)—required factual and credibility determinations

Santiago argues that the district court, in order to discern whether he had consented to the deputies' entry and subsequent search of his home, should have expressly determined which witnesses' testimony was credible. Santiago also argues that the district court should have expressly ruled on whether his signed statement was given voluntarily.

Rule 12(d) states that when a ruling on a pretrial motion requires the district court to decide factual issues, the district court must state its essential findings supporting its ruling on the record. Fed.R.Crim.P. 12(d). Santiago correctly notes that the district court's oral ruling denying his suppression motion did not expressly set forth its factual or credibility determinations. He also points to the following statement made by the district judge during the suppression hearing to assert that the required factual and credibility determinations have not been made:

I realize there's a dispute as to the fact concerning whether or not Mr. Santiago gave permission to enter and whether or not he gave consent, and whether or...