United States v. Almond Richardson

478 F. App'x 82
Court of Appeals for the Fifth Circuit·Decided April 27, 2012·No. 11-30151·Unpublished·Cited by 3 cases

Opinion

PER CURIAM: *

Almond Richardson stands convicted of selling drugs to confidential informants on two occasions, the second occasion while on bail for his first crime. Richardson was indicted in seven counts stemming from both incidents. Before trial, Richardson filed several motions to suppress evidence, a motion for a Franks hearing, and a motion to proceed pro se. The district court denied all of these motions. Richardson was convicted of five counts and acquitted on two counts.

On appeal, Richardson argues that the district court erred by denying each of his motions and thus raises Fourth and Sixth Amendment issues. We find no merit to Richardson’s contentions that the district court erred by denying his motions to suppress and his motion for a Franks hearing, and we therefore AFFIRM the district court’s rulings on those motions. 1 We do, however, hold that the district court erred *84 by denying Richardson’s motion to proceed pro se. We therefore hold that Richardson is entitled to a new trial and thus VACATE all convictions and sentences and REMAND for further proceedings not inconsistent with this opinion.

I.

During the last week of February 2006, the East Baton Rouge Sheriffs Department received a tip that there was rampant drug dealing in Apartment Two of the O’Neal Lane apartment complex. On March 1, four members of the East Baton Rouge Sheriffs Department’s Special Community Anti-Crime Team, Officers Kenneth Huber, Malcom Hall, Kama Roussell and John Knapp, began surveillance of Apartment Two.

Officer Huber, the leader of the surveillance operation, who was positioned inside one of the O’Neal Lane Apartments, observed people entering and exiting through Apartment Two’s side door. Officer Huber saw a white male visit Apartment Two, walk to the complex’s parking lot, and sell drugs to Barry Anderson, a white male sitting in a pick-up truck. Officer Huber radioed Officers Roussell and Knapp about the drug deal, and they followed Anderson’s truck out of the apartment complex’s parking lot. The officers stopped the truck and searched Anderson for drugs. The officers found a rock of crack cocaine in Anderson’s pocket and arrested him.

Following the arrest, Officers Roussell and Knapp questioned Anderson, who said that he knew a black male named “Omar” who was selling drugs in Apartment Two. Anderson informed the officers that he wanted to work as a confidential informant and buy drugs from “Omar.”

Officers Roussell and Knapp took Anderson to the sheriffs department substation for booking. After the booking, Officer Hall searched Anderson for contraband and then drove him from the station back to the apartment complex in an unmarked car. With Officer Huber still watching the side door of Apartment Two, Anderson went to the side door and asked Almond Richardson, whom Anderson knew as “Omar,” for forty dollars worth of crack cocaine. At that point, Anderson entered the apartment, and the officers did not see any more of Anderson’s interaction with Richardson. After Anderson left the apartment, he immediately returned to Officer Hall’s truck and told Officer Hall that he bought forty dollars worth of crack cocaine from Richardson. After another search of Anderson’s person, Officer Hall recovered almost a gram of crack cocaine from Anderson.

The next day, on March 2, Officer Huber filed a warrant affidavit, seeking a search warrant for Richardson’s apartment and vehicle (“March 2 warrant” or the “March 2, 2006 warrant”); the warrant was primarily supported by the controlled buy. The affidavit for the search warrant stated that a confidential informant contacted Huber and that the confidential informant volunteered to participate in a controlled buy. The affidavit further indicated that the officers had constant visual surveillance of the outside of Apartment Two before and after the buy. A state court magistrate granted the sheriff’s department the search warrant on the basis of the facts contained in Officer Huber’s warrant affidavit.

The sheriff’s department executed the warrant on that same day. After a search of Richardson’s apartment, the police found crack cocaine, a loaded rifle, marijuana, and marijuana plants. The police found more marijuana in Richardson’s car.

After finding Richardson’s collection of various and sundry drugs, the officers read *85 Richardson his Miranda rights; Richardson stated that he understood his rights and signed a form to such effect. Richardson told the police that he sold cocaine and marijuana and that the marijuana plants belonged to him. Richardson was then arrested.

On February 15, 2007, a federal grand jury returned a four-count indictment charging Richardson with crimes related to the March 2, 2006 warrant, including: distribution of cocaine base (Count l), 2 being a felon in possession of a firearm (Count 2), 3 possession with the intent to distribute marijuana (Count 3), 4 and possession of marijuana plants (Count 4). 5

In May 2007, more than a year after Richardson’s previous arrest and when he was out on bail, Richardson began selling drugs from his girlfriend’s apartment in the St. Jeanne apartment complex. A confidential informant (“Cl”), who lived in the apartment complex and was tired of the seedy characters that Richardson’s drug dealing attracted to the apartment, contacted the East Baton Rouge Sheriffs Department. The Cl informed the department that Richardson was selling drugs from the apartment as well as his business, Just 4 U Fashion. The Cl further volunteered to participate in a controlled buy from Richardson.

On May 17, the Cl approached Richardson’s girlfriend’s apartment and bought fifty ecstasy pills from Richardson with five bills previously marked by the sheriffs department.

With probable cause established by the controlled buy, the sheriffs department obtained a search warrant for Richardson’s girlfriend’s apartment and an arrest warrant for Richardson. The sheriffs department delayed execution of the warrants because they did not yet have probable cause to obtain a search warrant for Richardson’s store, Just 4 U Fashion.

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United States v. Almond Richardson, 478 F. App'x 82 (5th Cir. 2012).

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