United States v. Booker

496 F.3d 717, 378 U.S. App. D.C. 126, 2007 U.S. App. LEXIS 18989, 2007 WL 2275219
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 10, 2007
Docket06-3030
StatusPublished
Cited by16 cases

This text of 496 F.3d 717 (United States v. Booker) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Booker, 496 F.3d 717, 378 U.S. App. D.C. 126, 2007 U.S. App. LEXIS 18989, 2007 WL 2275219 (D.C. Cir. 2007).

Opinions

Opinion for the court filed by Circuit Judge HENDERSON.

Dissenting opinion filed by Circuit Judge ROGERS.

KAREN LECRAFT HENDERSON, Circuit Judge:

Appellant Frederick E. Booker pleaded guilty to one count of possessing with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). Booker now appeals the district court’s denial of his motion to suppress evidence seized from his vehicle following his arrest for driving without a permit on the grounds that both the traffic stop and the search of his vehicle violated the Fourth Amendment to the United States Constitution. He also appeals his guilty plea on the ground that it lacked a sufficient factual basis. For the reasons set forth below, we affirm the district court.

[719]*719I.

On May 7, 2003, Booker, with an unknown passenger, was driving a white Crown Victoria southbound on Seventh Street in northeast Washington D.C. at approximately 4:00 p.m. Three members of the Metropolitan Police Department (MPD) — Officers Bryan Wymbs, Gary Glenn and Bruce Garrett1 — passed the Crown Victoria at the intersection of Seventh Street and Buchanan Street as their unmarked police car was traveling in the opposite direction. They noticed that the vehicle’s front license tag “was not displayed in brackets on the front of the car but, instead, was placed inside the windshield on the front right side.” United States v. Booker, Crim. No. 03-225, slip op. at 2, 2005 WL 3211424 (D.D.C. Oct. 25, 2005). Believing the license plate was improperly displayed, the officers decided to conduct a traffic stop. They continued driving in the direction they had been traveling until they could “make a series of turns,” Tr. 11/18/03, at 8, and reverse direction. In the meantime, Booker’s vehicle had “made a series of turns” inside a “U shape[d] development”2 and was “approximately three to four blocks away.” Id. As a result, the officers did not catch up to Booker’s vehicle until they “came around [a] corner,” id. at 18, and found it parked at the curb in front of 4342 Var-num Place N.E.3 By the time they “pulled up to the Crown Victoria, with the front of their car just next to, but not overlapping, [its] rear bumper,” Booker, slip op. at 2, Booker and the passenger had exited, closed the door and begun walking away from it, id. Officer Wymbs then “alighted from the unmarked police car, identified himself as a police officer, and ordered [ ] Booker and his passenger to stop.” Id. The passenger fled and Officer Glenn attempted — without success — to apprehend him. Meanwhile, Officer Wymbs grabbed Booker by the arm about “three steps away from the car,” id. at 5, and handcuffed him. He testified that at that moment Booker was not arrested but instead he “was placing] [Booker] in handcuffs for [the officers’] safety” because “the passenger of the vehicle exited the vehicle running [sic] holding his waistband area.” Tr. 11/18/03, at 24. Shortly thereafter, Officer Glenn returned without the passenger and inquired whether Booker had a license. When Booker responded that he did not, he was arrested for driving without a permit and “placed on the curb alongside the vehicle.” Id. at 12. After his arrest, the officers searched the vehicle and discovered a “book bag,” Booker, slip op. at 3, that contained an Intratec 9mm Luger semiautomatic pistol, a Ruger 9mm semiautomatic pistol, 9mm ammunition and a large ziplock bag holding 79 smaller ziplock bags of marijuana totaling 51 grams, Tr. 10/31/05, at 4, 8. The officers also recovered two cellular telephones and almost $1700 in cash from Booker’s person. Id. at 8.

On May 29, 2003, Booker was charged by indictment with one count of possessing [720]*720with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D) (Count 1) and one count of using, carrying and possessing a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1) (Count 2). On November 18, 2003, the district court held a suppression hearing and granted Booker’s motion to suppress the evidence seized from his vehicle, concluding that the search was unlawful under the United States Supreme Court’s decisions in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), and Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). The Government appealed but before the parties filed briefs, they jointly moved to remand to the district court for reconsideration in light of the Supreme Court’s decision in Thornton v. United States, 541 U.S. 615, 124 S.Ct. 2127, 158 L.Ed.2d 905 (2004). On October 19, 2004, we vacated the district court’s order and remanded for further consideration. Just over one year later, the district court, relying on Thornton, denied Booker’s motion to suppress.

At an October 31, 2005 plea hearing, Booker entered a conditional guilty plea to Count l.4 In response to the district court’s question, “In your own words, not worrying what the statute says, what is it that you would plead guilty to?” Booker responded, “The possession.” Tr. 10/31/05, at 4. The court then asked, “Is it possession of marijuana?” to which Booker replied, “Yes.” Id. The court also questioned Booker about the substance of the plea agreement, after which the court outlined the “facts on which the plea of guilty would be entered”:

[0]n May 7th, 2003, at about four p.m. in the vicinity of 4342 Varnum Place Northeast, Washington D.C., the defendant was seen by a Metropolitan Police Department officer driving a white Ford Crown Victoria with a D.C. temporary tag inside of the front windshield of the dashboard.
The officers made a U turn and began to follow the defendant. The defendant stopped and parked the car. The defendant [sic] is the driver and his front seat passenger both left the vehicle, closed the door, and the defendant was subsequently stopped by the police.
The defendant told the police he did not have a license and was placed under arrest for driving without a permit. In the subsequent search incident to arrest, officers searched the car and recovered $1,695.82 in cash, two cell phones, an Intratec 9mm Luger gun, a Ruger 9mm gun, 9mm ammunition and 79 zips containing 51 grams of marijuana.

Id. at 7-8. Later in the plea colloquy, the following exchange took place:

THE COURT: Okay. Mr. Booker, are you entering a guilty plea because you’re guilty or because you just want to get it over with?
[Booker]: I want to get it over with.
THE COURT: Right. But are you guilty?
[Booker]: No.
THE COURT: You’re not guilty because they shouldn’t have searched the car?
[Booker]: Yes.

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Cite This Page — Counsel Stack

Bluebook (online)
496 F.3d 717, 378 U.S. App. D.C. 126, 2007 U.S. App. LEXIS 18989, 2007 WL 2275219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-booker-cadc-2007.