United States v. Deon Antonio Chealy

185 F. App'x 928
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 20, 2006
Docket05-13811; D.C. Docket 04-00051-CR-FTM-33-DNF
StatusUnpublished

This text of 185 F. App'x 928 (United States v. Deon Antonio Chealy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Deon Antonio Chealy, 185 F. App'x 928 (11th Cir. 2006).

Opinion

PER CURIAM:

Deon Antonio Chealy appeals his conviction for possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and his resulting 200-month sentence, imposed under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”). Chealy raises four issues on appeal: (1) did the district court err by denying his motion to suppress statements he made to police; (2) did the district court abuse its discretion by admitting Federal Rule of Evidence 404(b) evidence of a recent drug deal at trial; (3) is § 922(g) unconstitutional on its face and as applied to him; and (4) did the use of prior convictions in sentencing him under the ACCA violate his Sixth Amendment right to a jury trial.

Upon review of the record and consideration of the parties’ briefs, we discern no reversible error.

I. Motion to Suppress

On appeal, Chealy argues that the district court erred by finding that he knowingly and voluntarily waived his Miranda 1 rights because the evidence presented at the suppression hearing demonstrated that the confession in this case was coerced. Based on the totality of the circumstances — being stopped in an aggressive manner, being approached with guns drawn, remaining handcuffed for the entire interrogation in an abandoned parking lot, implied promises of leniency for his cooperation, the lack of an explicit waiver on the Miranda card used to read Chealy his rights, and Lee County Narcotics Detective Paul Trombley’s poor recollection of what rights Chealy was advised — Chealy argues that his statements to the police should have been suppressed because his waiver, if there even was a waiver, was involuntary.

“We review the district court’s findings of fact on a motion to suppress evidence for clear error and the district court’s application of the law to those facts de novo. United States v. Chirinos, 112 F.3d 1089, 1102 (11th Cir.1997). “It is well established that ‘[t]he government must prove by a preponderance of the evidence that [the defendant] made a knowing, voluntary and intelligent waiver of his Miranda rights.’ ” Id. (citation omitted) (brackets in original). When considering a ruling on a motion to suppress, all facts are construed in a light most favorable to the successful party. United States v. Behety, 32 F.3d 503, 510 (11th Cir.1994). As for credibility determinations, we “must accept the district court’s credibility determination unless we are left with the definite and firm conviction that a mistake has been committed.” Chirinos, 112 F.3d at 1102 (internal quotations omitted).

In Miranda, the Supreme Court considered the scope of the Fifth Amendment privilege against self-incrimination and held that the government “may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation from the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.” 384 U.S. at 444, 86 S.Ct. at 1612. Accordingly, the Supreme *931 Court delineated the following procedure that, although not constitutionally mandated, safeguards the right against compelled self-incrimination: (1) before a person in custody is interrogated, he must be informed in clear and unequivocal terms of his right to remain silent; (2) the admonition against self-incrimination must be accompanied by an explanation that anything said can and will be used against the individual in court; (3) the person must be clearly informed that he has the right to consult with a lawyer and to have a lawyer with him during the interrogation; and (4) the advice of the right to counsel must be accompanied by the explanation that, if the person is indigent, a lawyer will be appointed to represent him. Id. at 467-73, 86 S.Ct. at 1624-27.

As with many rights, the accused may waive the right against self-incrimination, so long as the waiver is voluntary, knowing, and intelligent. Id. at 444, 86 S.Ct. at 1612. A waiver is effective where the “totality of the circumstances surrounding the interrogation reveal both an uncoerced choice and the requisite level of comprehension” of the Miranda rights being waived. Moran v. Burbine, 475 U.S. 412, 421, 106 S.Ct. 1135, 1141, 89 L.Ed.2d 410 (1986) (internal quotations omitted). However, we have recognized that a statement is not given voluntarily if it is “extracted by any sort of threats or violence, or obtained by any direct or implied promises, or by the exertion of any improper influence.” United States v. Veal, 153 F.3d 1233, 1244 n. 14 (11th Cir.1998) (internal quotations omitted).

In the present case, the district court’s conclusion that Chealy was read his Miranda rights, understood those rights, and knowingly and voluntarily waived them is amply supported. Taking the facts in a light most favorable to the government, Chealy was pulled over pursuant to a traffic stop and stopped only after he was cut off by a second police cruiser. The officers testified that they did not recall having their guns drawn when they approached Chealy’s car, although had they done so, Trombley testified that such an action was appropriate because Chealy was known to have outstanding felony warrants. After handcuffing Chealy and placing him under arrest, the officers moved to an abandoned bank parking lot, out of the way of traffic.

The testimony further established that Trombley never displayed his gun while questioning Chealy in the back of the patrol car, and that Chealy did not appear under the influence of drugs or alcohol or otherwise appear incoherent. Trombley obtained a card containing the standard Miranda warnings, and read the warnings to Chealy, who indicated that he understood the rights and agreed to answer Trombley’s questions. Furthermore, the record does not reflect that Trombley offered Chealy any promises, but rather stated to Chealy that, while the state of Florida could do many things for Chealy on the drug charge, there was nothing that could be done for him in the state of Georgia, where he had outstanding warrants.

While Chealy took the stand at the hearing and denied having ever been read his Miranda rights and disputed the officers’ version of events, he admitted that Trombley did not interrogate him with a gun drawn. With two conflicting stories, the court was left to make a credibility determination, one which this Court is not in a position to reject absent a firm conviction that a mistake has been made. See Chirinos, 112 F.3d at 1102. Here, Chealy offered no evidence to show that the district court’s factual finding that the officers’ testimony was not credible.

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Bluebook (online)
185 F. App'x 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-deon-antonio-chealy-ca11-2006.