United States v. Alejandro Barron-Soto

820 F.3d 409, 2016 WL 1637791
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 26, 2016
Docket13-14731
StatusPublished
Cited by34 cases

This text of 820 F.3d 409 (United States v. Alejandro Barron-Soto) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Alejandro Barron-Soto, 820 F.3d 409, 2016 WL 1637791 (11th Cir. 2016).

Opinion

DUBINA, Circuit Judge:

Alejandro Barron-Soto (“Barron-Soto”) and Hector Hernandez (“Hernandez”) appeal their jury convictions on one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. .§§ 841(a)(1), 841(b)(l)(A)(viii), and 846; one count of possession with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(l)(A)(viii), and 18 U.S.C. § 2; and, for Barron-Soto, one count of illegal reentry after deportation, in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(1).

Before a joint trial, Hernandez filed a motion to suppress evidence law enforcement officers obtained from a warrantless search of his cell phone. The district court *412 denied'the motion following a suppression hearing. Hernandez challenges that denial on appeal based on the Supreme Court’s subsequent decision in Riley v. California, 573 U.S. -, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014). Hernandez also argues that the district court erred by admitting evidence of his prior drug trafficking conviction at trial under Fed.R.Evid. 404(b)(2) and 403. ’ Finally, Hernández argues that there was insufficient evidence to s.upport the jury’s verdict, and the district court’s denial of his motion for judgment of acquittal was in error. Barron-Soto similarly argues on appeal that the evidence law enforcement officers obtained as the result of a warrantless search of his cell phone, and other evidence, was erroneously admitted.

Previously, we ordered the district court to conduct limited fact finding as to whether law enforcement was prompted by or would have sought the search warrant for Hernandez and Barron-Soto’s cell phones despite the' initial warrantless search of those phones. After reviewing the briefs, having the benefit of oral argument, and reviewing the district court’s order, on'remand, we affirm-. - '

I. BACKGROUND

A Facts

On the morning of March 17, 2013, law enforcement officers were conducting surveillance at the Cancun’s restaurant' in Chipley, Florida. DEA Special Agent John Manna (“Agent Manna”) was in contact with a confidential informant who arranged a delivery of methamphetamine to the restaurant with defendant Reyes-Bar-ragan. During surveillance, agents witnessed defendants Barron-Soto and Here-dia-Barron • arrive at Cancun’s in a red Mazda and defendant Hernandez and a female companion arrive in a silver Volkswagen. The defendants exited the vehicles and walked to the rear of the restaurant. Barron-Soto confirmed to Reyes-Barragan that the expected methamphetamine was present, and agents next observed Hernandez drive the silver Vdlks-wagen behind the restaurant. Another defendant entered the Volkswágen and lights flashed, léáding law enforcement to believé there was a manipulation of an electronic concealed trap occurring in the vehicle. After ten minutes, Barron-Soto and Heredia-Barron departed in the red Mazda and Reyes-Barragan told the informant over the phone that the methamphetamine was delivered.

• Florida Highway Patrol stopped Here-dia-Barron and Barron-Soto at Agent Manna’s request.. Barron-Soto attempted to flee. from the. vehicle but was apprehended by officers. A drug dog subsequently .alerted, to the odor of narcotics in the red Mazda. Heredia-Barron and Barron-Soto’s cell phones were seized. Meanwhile, Hernandez and the female companion exited the restaurant in the opposite direction, driving the silver Volkswagen. Florida Highway Patrol, again at Agent Manna’s direction, stopped the Volkswagen and detained Hernandez, and the female companion. . .

Law enforcement next made contact with Reyes-Barragan at the rear of the restáurant and obtained consent to search the restaurant. The search uncovered six containers that contained approximately 3.6 kilograms of methamphetamine inside a storage shed at the restaurant. Hernandez, the female, companion, and the silver Volkswagen were brought back to the restaurant where a drug dog alerted to narcotics around the vehicle. Law enforcement officers found an empty hidden trap used to hide drugs- near the rear passenger seat of the Volkswagen.

*413 Agent Manna directed another agent to conduct 1 a warrantless search of the- cell phones seized from Hernandez, and Barron-Soto during their arrests, citing concerns that other conspirators remained fit large and could remotely erase data from the phones. Officers took photographs of the observations of the cell phones during the search, including text messages, incoming and outgoing calls, and numerous contacts between the four indicted defendants — Hernandez, Reyes-Barragan, Barron-Soto, and Heredia-Barron.

Agent Manna later applied for and received a search warrant to search the content of all four defendants’ phones. Agent Manna stated in his warrant affidavit that in April 2012 the DEA began investigating a drug trafficking organization that was transporting cocaine, marijuana, and methamphetamine from Texas and Georgia to Northern Florida. Agent Manna then dp-scribed his investigation of Reyes-Barra-gan, including the use of a confidential informant and the events at Caneun’s restaurant on March 17, 2013. In a section with the heading “Probable Cause for all Subject Telephones,” Agent Manna stated:

Based on my training áñd experience, I have learned that cellular telephones have the ability to store information in them for long periods of time. I know that people involved in the distribution and sale of drugs 1 will often store names and numbers in the phone directory and speed dialing function of their phones. I have also learned that persons involved in such illicit activities commonly communicate with customers or. sources pf supply through the text or “SMS” system of their cellular telephones.
Because the Subject Telephones were recovered from subjects who were arrested relative to the seizure of methamphetamine in the Northern District of Florida, there is probable cause to believe that the Subject Telephones will contain evidence of narcotics trafficking.

The warrant affidavit did not mention any evidence obtained during the warrant-less search of- Hernandez and Barron-Soto’s cell phones. The affidavit did include post-arrest statements made by the four defendants and the results of a war-rantless search- of Reyes-Barragan’s cell phone.

B. Procedural History

1. Motion to Suppress

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Cite This Page — Counsel Stack

Bluebook (online)
820 F.3d 409, 2016 WL 1637791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alejandro-barron-soto-ca11-2016.