United States v. Deleon

88 F. Supp. 3d 786, 2015 U.S. Dist. LEXIS 12312, 2015 WL 457740
CourtDistrict Court, E.D. Michigan
DecidedFebruary 3, 2015
DocketCase No. 14-20117
StatusPublished

This text of 88 F. Supp. 3d 786 (United States v. Deleon) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Deleon, 88 F. Supp. 3d 786, 2015 U.S. Dist. LEXIS 12312, 2015 WL 457740 (E.D. Mich. 2015).

Opinion

OPINION AND ORDER DENYING MOTION TO SUPPRESS EVIDENCE

DAVID M. LAWSON, District Judge.

Xavier Giovanni Deleon, charged with various drug crimes, has filed a motion to suppress evidence seized from his home during the execution of a search warrant. He argues that the supporting affidavit did not establish probable cause that drug-related evidence would be found at that location because it contained very few hard facts connecting Deleon to the drug crimes, and the conclusions were unsupported and uncorroborated. He also contends that the affidavit does not contain enough information to establish that the house searched actually belonged to him. The Court heard oral argument on January 27, 2015, and now concludes that the search warrant contained facts from which the magistrate could find probable cause that contraband and evidence of the federal crimes would be found at the premises. The affiant established that the confidential informant was reliable, and that the informant furnished information listed in the affidavit that connected the defendant’s criminal activity to the premises. Therefore, the Court will deny the motion to suppress the seized evidence.

I.

On May 16, 2014, a federal grand jury indicted twenty-six people, including defendant Xavier Giovanni Deleon, in a ten-count superseding indictment charging various drug and firearm crimes. The government alleges that the defendants participated in a drug trafficking organization led by Manolo Alfonso Garza, that distributed multiple kilogram quantities of cocaine and heroin on a monthly basis throughout the Detroit Metropolitan area. Garza apparently received narcotics from his family in Mexico, who coordinated shipments of the narcotics to Chicago, South Carolina, and Detroit. Garza allegedly provided the narcotics to his top distributors for sale.

On February 8, 2014, the Drug Enforcement Agency (“DEA”) obtained warrants to search eight properties associated with members of the drug trafficking organization. Many of the facts relating to the eight separate premises were common, and the DEA presented a single affidavit in support of all eight search warrants. The affidavit, predictably, was lengthy: it consisted of 106 paragraphs over 40 pages. The allegations pertaining to the residence about which Deleon complains, 22871 Sherry Drive, Brownstown, Michigan, however, are limited to ten or fewer paragraphs. Chad Hermans, an agent with the DEA, signed the affidavit.

According to Hermans, his statements in the affidavit were based on his participation in the investigation, oral and written reports from law enforcement officers, physical surveillance, and information obtained from a review of telephone toll records. .The affidavit also relied heavily on a confidential informant, who had been helping Garza wire transfer small amounts of drug proceeds to Mexico. Hermans averred that the informant was credible and reliable because past information he [789]*789supplied had been corroborated independently in previous law enforcement operations, information gathered from public and law enforcement databases, surveillance conducted by DEA agents, and other members of the drug trafficking organization. Hermans noted that the informant provided information directly related to a seizure of three kilograms of cocaine and one kilogram of heroin on July 2, 2013 and had provided valid telephone numbers for members of the drug trafficking organization every time they stopped using their previous phones. And the affidavit stated that the informant had provided information on vehicles that the drug trafficking organization uses, which agents corroborated.

The home located at 22871 Sherry Drive, Brownstown, Michigan was among the eight properties that the DEA sought authority to search. The affidavit described the home as “Target Premises 7,” which “is believed to be the current residential address of Xavier DELEON and is used to facilitate the Garza drug trafficking organization.” Search Warrant Aff., dkt. # 241-1 ¶ 30.

The affidavit contained several factual allegations that attempted to connect Deleon with 22871 Sherry Drive. Hermans stated that the informant “has provided addresses that are currently, or have been used previously, by members of the GARZA DTO, which have been independently, corroborated by your Affiant.” Search Warrant Aff. ¶ 35 n. 1. As pertinent here, the confidential informant indicated that “Deleon has full access to all of Garza’s ‘stash’ locations and most likely would use Deleon’s private residence, Target Premises 7, as a ‘Stash’ location.” Search Warrant Aff. ¶ 94. The affidavit also described law enforcement surveillance at 22871 Sherry Drive. On December 10, 2013, about two months before the search, agents observed Deleon parked at that address. Search Warrant Aff. ¶ 92. Officers also followed Deleon to his “known residence at 22871 Sherry, Brownstown, Michigan” on January 16, 2014 after observing Deleon’s pickup truck parked at Target Premises 5 next to co-defendant Garza’s F-150, Brandon Jaime’s 2007 Chevy Tahoe, and Suarez’s F-150. Search Warrant Aff. ¶¶ 99,105.

The affidavit also described in detail Deleon’s role in the drug trafficking organization. Hermans stated that the confidential informant told him that Garza tasked Deeon with installing safes at all of Garza’s stash houses, including a safe at a residence that a .confidential informant had obtained for Garza. Search Warrant Aff. ¶ 90. The affidavit also stated that Suarez, one of the members of the drug trafficking organization, had begun training Deleon to take Suarez’s place as a drug courier. Garza apparently was concerned that Suarez’s criminal history would draw law enforcement attention. Deleon, the affidavit notes, has no known criminal history.

The affidavit related the contents of wire communications intercepted by agents on December 9, 2013 from Garza’s cell phone when talking with his supplier in Mexico. During the conversation, Garza informed his supplier that “I still have two,” which agents believed to be referring to kilograms of cocaine or heroin. Search Warrant Aff. ¶ 91. Agents believed that Garza would try to distribute those kilograms the following day to Suarez and Deleon.

The affidavit described agents’ efforts to confirm those suspicions through surveillance. On December 10, 2013, at approximately 10:15 a.m., agents located. Deleon at 4847 Proctor Street through a GPS location tracker on his cell phone. Officers observed Deleon driving a red Jeep Grand Cherokee, a car that Garza previously drove. The confidential informant stated that the vehicle contained a hidden com[790]*790partment or “trap.” Per the affidavit, agents observed Deleon drive the red Jeep to several addresses for a short duration of time that morning and early afternoon. Officers also observed Suarez and Garza park at one of those addresses, 1127 Detroit Avenue, and enter the residence with an unidentified white male.

Hermans explained in the affidavit that on December 11, 2013, agents began intercepting cell phone calls between Garza and his Mexican source discussing arrangements for couriers to pick up narcotics proceeds. The source sending the courier to pick up the money was named “Big-otes.” Garza informed his Mexican source that he was not ready for the money pickup because he still had two kilograms of narcotics. However, the source still wanted the couriers to pick up whatever money was ready. Garza implied that he owed $315,000 and could pay about $200,000.

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Cite This Page — Counsel Stack

Bluebook (online)
88 F. Supp. 3d 786, 2015 U.S. Dist. LEXIS 12312, 2015 WL 457740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-deleon-mied-2015.