United States v. Bruce Winston

651 F. App'x 237
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 10, 2016
Docket15-4054
StatusUnpublished

This text of 651 F. App'x 237 (United States v. Bruce Winston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Bruce Winston, 651 F. App'x 237 (4th Cir. 2016).

Opinion

Affirmed by unpublished opinion. Judge Duncan wrote the opinion, in which Judge Shedd and Judge Keenan joined.

Unpublished opinions are not binding precedent in this circuit.

DUNCAN, Circuit Judge:

On June 3, 2013, the Maryland State Police stopped Appellant Bruce Winston and discovered 21 kilograms of cocaine and $30,000 in cash hidden in a compartment in his truck.. A jury convicted Winston of possessing cocaine -with intent to distribute, and conspiring to do the same, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846. On appeal, Winston challenges the district court’s denial of his motion to suppress the evidence discovered in his truck. He also contends that the district court erred in admitting evidence, under Federal. Rule of Evidence 404(b), that connected Winston to drugs seized by law enforcement in North Carolina in 2010. Because the Maryland • State Police had reasonable suspicion to stop Winston under the collective knowledge doctrine, and because the admission of the North Carolina evidence was harmless, we' affirm.

I.

A.

We begin by providing background on the investigation that led to the arrest of Jorge Herevia, Joe Payne, and Bruce Winston — all three of whom were indicted as co-conspirators in a cocaine distribution ring.

The investigation began with information from a cooperating defendant, Dewon Nelson. In January 2013, Drug Enforcement Agency (“DEA”) agents arrested Nelson .in Delaware for possession of cocaine. During subsequent proffer interviews, Nelson told DEA agents that his supplier was Juan Carlos Flores, who operated in Texas. According to Nelson, Flores hired men to drive cocaine to Delaware in vehicles with hidden compartments. The scheme was coordinated by one of Flores’s associates, identified as “George,” who would travel from Texas to Delaware to oversee the transactions, during which he would drive a “white utility style truck with an Entergy label on the side of it that contained a secret compartment where they would keep the cocaine.” J.A. 103-04.

Nelson explained that one of the men who purchased cocaine from Flores and “George” was an individual named “Tone.” Tone was “a light-skinned black male from the Baltimore area that would drive to Delaware, meet with Florets], George, and Mr. Nelson, and retrieve kilos of cocaine.” J.A. 104. Tone drove “an older model Honda Odyssey,” J.A. 105. .Nelson further identified several dates in September and October 2012 on which “George” stayed at the Holiday Inn in Delaware to coordinate these cocaine transactions.

Using hotel records from the dates Nelson provided, DEA agents identified “George” as Jorge Herevia from Alton, Texas. In May 2013, the DEA learned that Herevia had checked into a Holiday Inn in Baltimore, Maryland, using the same credit card he had used in Delaware. DEA agents promptly began surveillance of the hotel.

The DEA monitored Herevia in Baltimore from May 30 to June 3, 2013. The first day passed without event. However, on the second day of the surveillance, agents observed Herevia meet with an individual who matched Nelson’s description of Tone, the Baltimore-based drug dealer. This individual was driving a Honda Odys *239 sey, the same type of car that Nelson said Tone drove.

Two days later, the DEA observed Appellant Winston arrive at the Holiday Inn where Herevia was staying. Winston was traveling with a man later identified as Joe Payne, and they arrived at the hotel driving “a utility style truck with the word Shale Entergy, that emblem on the side of the truck,” 1 J.A. 115. Later that evening, after Payne and Winston had checked into the hotel, DEA agents observed Payne, Winston, and Herevia at the hotel bar. An undercover detective approached the three men, joined them for a drink, and later accompanied the group to a bar across the street, where they socialized for several hours before returning to the hotel. On more than one occasion that evening, Herevia bragged to the undercover detective that he had a large amount of cash with him.

The next morning, Herevia drove the Shale Entergy track to a Wal-Mart store, where he purchased a heat sealer. This was significant to the DEA because, as one DEA agent explained, “[d]rug traffickers often use heat sealers to compact drags and drag money. It’s also used as a way to lessen the amount of odor that can emanate ft’om drags.” J.A. 118. The DEA agents, however, lost track of Herevia for a period of time between his purchase of the heat sealer and his return to the hotel. Within fifteen minutes of Herevia’s return, Winston and Payne came out of the hotel with their luggage and drove off in the Shale Entergy track wearing shirts bearing “Shale Entergy” logos. Herevia remained at the hotel.

At this point, the DEA agents believed that the track likely contained drugs and drug money, and they directed the Maryland State Police to stop the track as it traveled on the highway out of Baltimore. The DEA’s purpose behind directing a marked, local law enforcement unit to conduct the stop was twofold: first, it was safer than using an undercover vehicle to stop suspected drag traffickers, and second, the Maryland State Police could stop the car without alerting the suspects that they were part of a federal investigation.

Shortly after state police officers stopped the track, a canine team'detected the odor of narcotics emanating from the truck bed. A subsequent search of the truck uncovered $30,000 in cash and 21 kilograms of cocaine within a hidden compartment in the truck bed. The track was registered to Winston.

B.

A federal grand jury indicted Winston, Payne, and Herevia on two counts: conspiring to possess and distribute over five kilograms or more of cocaine, in violation of 21 U.S.C. § 846, and possessing five kilograms or more of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Herevia pleaded guilty on May 1, 2014, and Payne and Winston proceeded to trial.

In addition to filing other pre-trial motions, Winston moved to suppress the evidence seized from his truck, arguing that the stop was not supported by reasonable suspicion. The government opposed the motion and filed a motion in limine, seeking to admit trial evidence related to a 2010 incident under Federal Rule of Evi *240 dence 404(b). In that incident, an employee on Winston’s farm was stopped in North Carolina driving a horse trailer with $1.1 million in cash and over a half-ton of marijuana hidden in a secret compartment. The trailer was registered to Winston. 2

The district court held hearings on the motions and issued a written opinion on September 23, 2014, denying Winston’s suppression motion and granting the government’s motion in limine.

C.

Winston and Payne were jointly tried in October 2014.

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651 F. App'x 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bruce-winston-ca4-2016.