United States v. Angel Reyes, A/K/A Jose Konig Mangele, Etc.

908 F.2d 281
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 11, 1990
Docket89-2073
StatusPublished
Cited by55 cases

This text of 908 F.2d 281 (United States v. Angel Reyes, A/K/A Jose Konig Mangele, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Angel Reyes, A/K/A Jose Konig Mangele, Etc., 908 F.2d 281 (8th Cir. 1990).

Opinions

MAGILL, Circuit Judge.

Angel Reyes-Resendez (Reyes) appeals his conviction1 on thirteen counts of making false statements in violation of 18 U.S.C. §§ 2, 911, 1001, 1002, 1028, and 1542, and 42 U.S.C. § 408(g)(2), one count of being an alien unlawfully present in the United States in violation of 8 U.S.C. § 1326, one count of possessing false identification in violation of 18 U.S.C. § 1028(a)(3), and one count of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g). The district court2 sentenced him to concurrent thirty-month terms on each of the first fifteen counts. [283]*283On 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 § 2F1.1(b)(2)(B) for participating in a scheme to defraud more than one victim, § 2F1.1(b)(2)(A) for engaging in more than minimal planning, and § 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 § 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 § 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-57 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 [284]*284phone 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 Ko-nig 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.

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Bluebook (online)
908 F.2d 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-angel-reyes-aka-jose-konig-mangele-etc-ca8-1990.