United States v. Christopher Duguay

93 F.3d 346, 1996 WL 467316
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 31, 1996
Docket95-1768
StatusPublished
Cited by182 cases

This text of 93 F.3d 346 (United States v. Christopher Duguay) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Christopher Duguay, 93 F.3d 346, 1996 WL 467316 (7th Cir. 1996).

Opinions

SKINNER, District Judge.

Defendant-appellant Christopher Duguay appeals his conviction and sentence for one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (Count I), and one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g) (Count III). Duguay argues that the district court erred in denying his motion to suppress 533 grams of cocaine the police discovered during a search of the automobile in which he was a passenger. We vacate the conviction for possession with intent to distribute cocaine, and remand for a new trial. The defendant having offered no argument in support of his appeal from the gun charge, we affirm his conviction on Count III.

I.

BACKGROUND

A. The Arrest and Search

On the evening of May 3, 1994, a joint federal, state, and local task force known as the “Violent Crimes Initiative” was conducting a “sweep” in and around the federally-funded housing projects on Dooley Avenue in Alton, Illinois. The projects had recently experienced a crime wave, and members of the task force were engaged in identifying nonresidents for prosecution under local trespassing ordinances. Although the police focused on pedestrians, the task force also operated a roadblock on Dooley Avenue to question motorists.

At approximately 9 p.m., United States Deputy Marshal Michael Rehg observed a blue Nissan Maxima turn into a parking lot approximately 50 feet before the Dooley Avenue road block. Rehg associated the vehicle with the defendant, whom Rehg had encoun[349]*349tered in an investigation of the East St. Louis cocaine distributor Ronald Blake. Du-guay was a passenger in the vehicle, which was driven by his girlfriend Gloria Vaughn, a resident of the Dooley Projects.

Vaughn parked, locked the car, and activated the car alarm. As Vaughn and Du-guay walked towards the apartments, Rehg and two other marshals approached the automobile and called upon Duguay to stop for questioning. Duguay and Vaughn proceeded towards the apartment. After several more exhortations to stop, during which time Du-guay and Vaughn walked some distance from the car, Duguay turned around. Rehg cautioned Duguay to remove his hands from his pockets and indicated he was going to perform a pat down. After being spread against a different car, Duguay objected to the course of the frisk and struck Rehg with his elbow. After a brief altercation, Duguay was arrested for assault. The disturbance attracted a crowd of onlookers, including the defendant’s brother William Cole.

After Duguay was handcuffed, he told Vaughn not to surrender the car keys. Alton Police Detective Scott Waldrup informed Vaughn that he was going to impound the car and demanded the keys. After she refused to surrender the keys, Waldrup arrested Vaughn for obstruction of justice and reached into her pocket to obtain the keys. Within ten minutes of Duguay’s arrest, Waldrup and Detective Alfred Adams unlocked the car and began to inventory its contents. After finding nothing of interest in the passenger area, Waldrup released the hatch to the back seat and found a substantial quantity of crack cocaine in the trunk. Subsequent lab analysis found this to be equivalent to 533 grams of cocaine.

Shortly after her arrest, Vaughn consented to let the Alton police search her apartment where a Tech 9 handgun was found lodged behind a sofa. Although fingerprint analysis was inconclusive, Duguay signed a statement (penned by an Alton Police Detective) admitting ownership of the car, the crack, and the gun shortly after being brought into the Alton police station. Duguay was charged in a three count indictment alleging possession with intent to distribute the cocaine found in the car, unlawful possession of a firearm by a felon, and possession with intent to distribute narcotics within 1,000 feet of a school, in violation of 21 U.S.C. § 860.

B. Proceedings Below

At the hearing to suppress the crack on August 19, 1994, Duguay argued (1) that the police were not legitimately present at the Dooley Housing Projects, (2) that the initial stop was in violation of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), (3) that the arrest was without probable cause, and (4) that the impoundment and subsequent inventory search of the automobile were illegal. After hearing testimony from Deputy Rehg, Detective Waldrup, and fifteen other witnesses (the relevant testimony of whom is summarized below), the district judge denied each of Duguay’s claims. After a three day jury trial during which Duguay renewed his motion to suppress, and moved for an acquittal at the end of the presentation of evidence, he was convicted of the distribution of cocaine and possession of weapons counts. He was found not guilty of possession with intent to distribute within 1,000 feet of a school (Count II). Accordingly, on the basis of two prior felony drug trafficking convictions, Duguay was sentenced to life imprisonment without the possibility of parole under the career offender provision. U.S.S.G. § 4B1.1(A). Duguay was also sentenced to a ten-year concurrent sentence on the felon-in-possession count.

II.

ANALYSIS

A. Standard of Review

The sole issue Duguay has raised on appeal is that the crack cocaine in his car was seized in contravention of the Fourth Amendment. We review the district court’s findings of fact for clear error. Ornelas v. United States, — U.S.-,-, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996). A finding is clearly erroneous when, after comprehensive review of the evidence, this court is left with “the definite and firm conviction that a mistake has been made.” United [350]*350States v. Tilmon, 19 F.3d 1221, 1224 (7th Cir.1994). We give “due weight to inferences drawn from those facts by resident judges and local law enforcement officers.” Orne-las, at-, 116 S.Ct. at 1663. We review questions of law and mixed questions of law and fact de novo. Ornelas, at-, 116 S.Ct. at 1663. In reviewing a suppression motion, we may consider evidence introduced both at the pre-trial suppression hearing and at the trial itself. Tilmon, at 1224.

B. The Investigative Stop

Duguay’s first contention is that the police lacked sufficient justification to stop him for questioning. Both parties have classified this action as an investigative stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The government does not contend that there was probable cause. Terry requires that in order to stop a person for investigative purposes, a law enforcement official must be “able to point to specific and articulable facts” that give rise to a reasonable suspicion of criminal activity. Terry, at 21-22, 88 S.Ct. at 1879-81. Under circuit precedent:

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Bluebook (online)
93 F.3d 346, 1996 WL 467316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-christopher-duguay-ca7-1996.