United States v. Bashorun

225 F.3d 9, 2000 U.S. App. LEXIS 22023, 2000 WL 1201656
CourtCourt of Appeals for the First Circuit
DecidedAugust 28, 2000
DocketNo. 99-1872
StatusPublished
Cited by18 cases

This text of 225 F.3d 9 (United States v. Bashorun) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Bashorun, 225 F.3d 9, 2000 U.S. App. LEXIS 22023, 2000 WL 1201656 (1st Cir. 2000).

Opinion

CYR, Senior Circuit Judge.

While reserving the right to appeal the district court ruling rejecting his pretrial motion to suppress the fruits of a warrant-less arrest, see Fed.R.Crim.P. 11(a)(2), appellant Ola Bashorun entered conditional guilty pleas to various criminal charges stemming from his participation in a drug-distribution conspiracy. We now affirm the district court ruling.

I

BACKGROUND

On November 7, 1997, United States Customs authorities intercepted an Express Mail package containing concealed heroin en route from Thailand and addressed to one “Keisha (sic) Barrows” at 1019 Beacon Street, Apartment 43, in Brookline, Massachusetts. Customs agents promptly contacted Timothy Leigh-ton, the landlord at 1019 Beacon Street, and learned that a man named Tony Johnson — identified following his arrest as Bashorun — had rented Apartment 43 continuously since January 1997. Leighton described Tony Johnson as a black man in his thirties, with an accent, who drove a late model car and wore expensive jewelry, but had no apparent means of employment. Leighton stated that Tony Johnson had introduced him to a friend, also named “Tony,” who lived in Cambridge [hereinafter: “Tony from Cambridge,” identified following his arrest as Bashorun’s code-fendant Anthony Junaid], whom Leighton likewise described as a black man, with an accent, who wore expensive jewelry.

When Tony Johnson left Apartment 43 in September 1997, Leighton allowed Johnson’s girlfriend, Keesha Barrows, to move in for two weeks, followed by Felicia Brown (“Tony from Cambridge” ’s girlfriend) and her mother. Throughout this period, Tony Johnson remained the only tenant of record and his name continued to appear on the doorbell directory to Apartment 43. The apartment telephone number, however, had been listed under such names as “Gubril Abediran” and “Tashema Beard,” but never in Tony Johnson’s name. In addition, telephone company records revealed that one Desmond Bart-ley, under investigation by the United States Drug Enforcement Agency in Baltimore for having received packages of heroin from a “Tony Johnson,” had placed ten [11]*11telephone calls to Apartment 48 during February and March, 1997.

A. The Events of November 11

While the package addressed to “Keisha (sic) Barrows” remained with customs authorities, it had been fitted with an electronic monitoring device before being delivered to Apartment 48 on November 11, 1997. As U.S. Postal Inspector Nicole Gray, posing as a postal carrier, entered 1019 Beacon Street, undercover agents were maintaining surveillance from both inside and outside the building. These agents observed that Inspector Gray was being followed by a black male who kept looking at the package Inspector Gray was carrying.

The landlord met the black male and promptly alerted the surveillance agents that he recognized him as Tony Johnson’s friend, “Tony from Cambridge.” This information was radioed to agents outside the apartment building, who then observed the black male (ie., “Tony from Cambridge”) as he exited the apartment building and entered a blue Dodge Caravan parked immediately in front of the apartment building.

While “Tony from Cambridge” was still inside 1019 Beacon Street, customs agents stationed outside the building, including Agents McGrath and Donald Lenzie, observed that another black male, with a moustache, was using a pay phone on the opposite side of Beacon Street. At about the same time, Leighton received a phone call from Tony Johnson, who said he would be dropping by the apartment later to pay the rent. Surveillance agents watched the caller hang up the payphone, cross Beacon Street, and enter the blue Dodge Caravan on the passenger side.

The blue Dodge Caravan, tailed by agents, then proceeded behind the Brook-line post office building where Inspector Gray had driven the postal truck after unsuccessfully attempting to make the controlled delivery of the “Keisha (sic) Barrows” package at 1019 Beacon Street. Massachusetts Bay Transportation " Authority Detective Peter Pasciucco continued to tail the blue Caravan for an hour after it left the post office, and at one point observed'that one of the two black males was using a cellular phone.

Meantime, back at 1019 Beacon Street, Leighton made and received a series of telephone calls. Fifteen minutes after the blue Caravan left 1019 Beacon Street, “Tony from Cambridge” called to learn the identities of the people who had been in the lobby earlier {viz., the undercover surveillance agents). Leighton told him they were electricians.

More than two hours later, at the direction of law enforcement agents, Leigh-ton called Tony Johnson’s cellular phone and “Tony from Cambridge” answered. When Leighton told him about the attempt to deliver the package to Apartment 43 earlier that morning, “Tony from Cambridge” repeatedly asked Leighton to sign for the package the next time a delivery was attempted, and advised Leighton that Tony Johnson would pick it up later from Leighton. At this point, “Tony from Cambridge” volunteered the information that Keesha Barrows owed Tony Johnson money and that the package probably was a birthday gift to Barrows. Leighton again refused to sign for the package.

Within the next half hour, Leighton received two telephone calls from Tony Johnson, requesting that he sign for the package and parroting “Tony from Cambridge” ’s earlier phone conversation with Leighton by stating that Keesha Barrows owed Tony Johnson money and that the package must be a birthday gift for Barrows. , Leighton again refused to sign for the package addressed to Barrows.

B. The Events of November 12

At 8:45 the following morning, agents spotted the same blue Caravan parked near 1019 Beacon Street, and later near the Brookline post office. At about the same time, the post office received two [12]*12anonjunous telephone calls inquiring about the package addressed to Barrows. When the blue Caravan left the post office, the agents tailing it observed what appeared to be evasive maneuvers, such as U-turns and driving against traffic on one-way-streets.

Shortly, Inspector Gray left the post office and drove to 1019 Beacon Street in an effort to attempt another controlled delivery. At the time, Detective Pasciucco was parked on Park Drive, around the corner from, though not in direct line of sight of, 1019 Beacon Street. At this point Pasciucco observed the blue Caravan as it turned onto Park Drive, passed his vehicle, and turned onto Beacon Street heading toward No. 1019. Pasciucco identified the occupants as the same two men whom he had seen in the blue Caravan the previous morning. When the blue Caravan parked across the street from 1019 Beacon, Agent Lenzie identified its two occupants as the same two black men he had seen in the blue Caravan on November 11.

A short time later, Keesha Barrows arrived and parked her vehicle behind the postal delivery truck. As Inspector Gray left the apartment building with the undelivered package, Keesha Barrows approached her, signed for the package, then placed it in her vehicle. The blue Caravan made a U-turn and pulled up behind the Barrows vehicle. At that point, Bashorun (aka “Tony Johnson”), Junaid (aka “Tony from Cambridge”), and Keesha Barrows were arrested pursuant to Agent McGrath’s instruction.

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Cite This Page — Counsel Stack

Bluebook (online)
225 F.3d 9, 2000 U.S. App. LEXIS 22023, 2000 WL 1201656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bashorun-ca1-2000.