United States v. Eiland

71 F. App'x 584
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 24, 2003
DocketNo. 02-4205
StatusPublished

This text of 71 F. App'x 584 (United States v. Eiland) 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. Eiland, 71 F. App'x 584 (7th Cir. 2003).

Opinion

ORDER

A jury found William Eiland, Jr., guilty on one count of attempting to distribute at least 50 grams of “cocaine base, commonly known as crack,” 21 U.S.C. §§ 846, 841(a)(1), and one count of possession with intent to distribute at least 5 grams of a “cocaine base, commonly known as crack,” id. § 841(a)(1). The district court imposed a single 151-month term of imprisonment and two concurrent five-year terms of supervised release. Eiland appeals, arguing that the district court improperly denied his motion to suppress evidence and erroneously sentenced him under the guideline for “crack” rather than powder cocaine. We affirm.

Authorities arrested Eiland without a warrant when he arrived at a restaurant to deliver what they expected to be crack to a cooperating witness. They searched his car without a warrant and seized 61 grams of cocaine base; later they executed a search warrant at his apartment and seized another 29 grams. Eiland was indicted on one count of attempting to distribute the cocaine base in his car and one count of possessing with intent to distribute the cocaine base in his apartment. He moved to suppress the drugs, but after a hearing the district court denied his motion. Eiland then proceeded to trial.

At sentencing the probation officer recommended that Eiland’s prison time be calculated with reference to the drug quantity table for “crack” rather than another form of cocaine. Eiland countered that the government had not established by a preponderance that the seized cocaine base was indeed “crack,” but the district court overruled his objection and grouped the two counts for a total drug quantity of 90 grams of crack.1

On appeal Eiland first argues that his warrantless arrest was made without probable cause and tainted the subsequent searches of his car and apartment. The government responds that probable cause supported Eiland’s arrest, and thus the two searches were proper. We review de [586]*586novo the district court’s denial of Eiland’s motion to suppress, Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); United States v. Rosario, 234 F.3d 347, 350 (7th Cir.2000), and may consider evidence introduced both during the suppression hearing and later at trial, United States v. Tilmon, 19 F.3d 1221, 1224 (7th Cir.1994).

At the suppression hearing three police officers testified that crack dealer Robert Leon began cooperating after his arrest in Gary, Indiana, and described one supplier known to him as “Bill” as a 6'6", African-American male weighing approximately 330 pounds. Leon, who had not worked for these officers previously but apparently had given information to other officers, explained that for the last three months Bill had twice a week sold him two ounces of crack for $1800. The officers testified that Leon reportedly would call Bill when he wanted crack and then meet him at a gas station or McDonald’s in East Chicago, Indiana. Leon had in his wallet two phone numbers for Bill, who used a pickup truck or a blue Ford Crown Victoria to make deliveries.

Officer Cooper testified that on the day of his arrest Leon was directed to telephone Bill and arrange to buy crack. As Leon rode with officers to East Chicago, Cooper watched him use his own cell phone to dial one of the numbers from his wallet. Cooper monitored and recorded the conversation as Leon told Bill, “Need to see you man.” Bill responded, “Okay. Let me see what I’ve got together over here,” and then said, “[L]et me meet you at McDonald’s. Give me a half hour.” Bill later called Leon back; Cooper was unable to monitor or record this conversation, but he testified that Leon said that Bill needed time to “cook some up.” Cooper again listened and recorded as Leon left Bill an agitated follow-up message demanding to know what was happening and telling him to call because Leon was “starvin’ out here.” Bill called back and explained that he went to the wrong place — a gas station — and would meet Leon shortly. Cooper testified that during the four phone calls Leon did not discuss with Bill the type, amount, or price of the drugs.

The police witnesses further testified that around 7:00 p.m. that evening, after Bill’s final call, they and Leon were watching the East Chicago McDonald’s parking lot when a blue Ford Crown Victoria entered the lot. The officers noted that the driver was a large African-American male, whom Leon identified as Bill. After stopping the car, the officers identified the driver as Eiland and arrested him. When questioned Eiland made no statements except to describe himself as 6’ tall and 315 pounds.

At trial Leon testified that he had been buying “crack” from Eiland on a regular basis and for that reason never discussed drug type, amount, or price when speaking with Bill. Several officers testified that in Eiland’s car they found just over two ounces of “crack” wrapped in black plastic and two cell phones each with Leon’s phone number stored in memory. Officers also testified that they seized 29 grams of “crack” and boxes of baking soda from Eiland’s apartment.

Police officers may search a car incident to a lawful arrest, New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); United States v. Sholola, 124 F.3d 803, 817 (7th Cir.1997), and a warrantless arrest is lawful when supported by probable cause, see Rosario, 234 F.3d at 350. Officers have probable cause to arrest when based on the facts and circumstances within the officers’ knowledge, they reasonably believe that the suspect had committed or was committing a crime. Id. Probable cause may be based on infor[587]*587mation from an informant so long as the informant is reliable. Id. at 350-51; United States v. Gilbert, 45 F.3d 1163, 1166 (7th Cir.1995). An informant’s reliability can be established through various means, including a showing of past reliability or by independent police corroboration. Illinois v. Gates, 462 U.S. 213, 237-38, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); United States v. Navarro, 90 F.3d 1245, 1253 (7th Cir.1996) (stating that police corroboration of informant’s facts made defendant’s “innocent trip” suspicious).

Eiland insists that Leon was an informant of unknown reliability because he had not cooperated with law enforcement in the past. But Eiland misstates the record; police officers testified at the suppression hearing that Leon indeed had provided information to other officers in the past. The government, though, has never developed this point, and so for purposes of analysis we view Leon as an untested informant. Still, that does not mean that Leon was not unknown to the officers in this case — they had conducted several controlled buys from him.

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Related

New York v. Belton
453 U.S. 454 (Supreme Court, 1981)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
Ornelas v. United States
517 U.S. 690 (Supreme Court, 1996)
United States v. Spencer Ray Tilmon
19 F.3d 1221 (Seventh Circuit, 1994)
United States v. Lester W. Gilbert
45 F.3d 1163 (Seventh Circuit, 1995)
United States v. Henry Booker
70 F.3d 488 (Seventh Circuit, 1995)
United States v. Ramon Navarro
90 F.3d 1245 (Seventh Circuit, 1996)
United States v. Larryl Jerome Wade
114 F.3d 103 (Seventh Circuit, 1997)
United States v. Muhammed Abdul
122 F.3d 477 (Seventh Circuit, 1997)
United States v. Harry Sholola
124 F.3d 803 (Seventh Circuit, 1997)
United States v. Maurice Sewell
159 F.3d 275 (Seventh Circuit, 1998)
United States v. David Earnest
185 F.3d 808 (Seventh Circuit, 1999)
United States v. Brian A. Branch
195 F.3d 928 (Seventh Circuit, 1999)
United States v. Anthony Jones, Jr.
208 F.3d 603 (Seventh Circuit, 2000)
United States v. Catalino Rosario
234 F.3d 347 (Seventh Circuit, 2000)
United States v. James S. Linton
235 F.3d 328 (Seventh Circuit, 2000)
United States v. Brannon L. Hatchett
245 F.3d 625 (Seventh Circuit, 2001)
United States v. Demitri Parker
245 F.3d 974 (Seventh Circuit, 2001)
United States v. Reggie Booker
260 F.3d 820 (Seventh Circuit, 2001)

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Bluebook (online)
71 F. App'x 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eiland-ca7-2003.