United States v. Engler

521 F.3d 965, 2008 U.S. App. LEXIS 7522, 2008 WL 942271
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 9, 2008
Docket06-4157, 07-1104
StatusPublished
Cited by24 cases

This text of 521 F.3d 965 (United States v. Engler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Engler, 521 F.3d 965, 2008 U.S. App. LEXIS 7522, 2008 WL 942271 (8th Cir. 2008).

Opinion

SHEPHERD, Circuit Judge.

Following the district court’s 1 denial of their motions to suppress evidence, Carla Grace Engler and Michael Thomas Gatena were convicted by a jury. Engler was convicted of: (1) conspiracy to manufacture 50 grams or more of pure methamphetamine ending in June of 2005; (2) manufacture and attempted manufacture of 5 grams or more of pure methamphetamine within 1,000 feet of a school on December 30, 2004; (3) possession of red phosphorus with intent to manufacture methamphetamine on January 30, 2005; (4) manufacture and attempted manufacture of 5 grams or more of pure methamphetamine within 1,000 feet of a school on June 5, 2005; and (5) failure to appear for trial on October 24, 2005. Gatena was convicted of: (1) conspiracy to manufacture 50 grams or more of pure methamphetamine within 1,000 feet of a school while on pretrial release, ending in June of 2005, (2) manufacture and attempted manufactim° of 50 grams or more of pure methamphetamine on November 18, 2004, (3) manufacture and attempted manufacture of 5 grams or more of pure methamphetamine within 1,000 feet of a school on December 30, 2004, and (4) manufacture and attempted manufacture of 5 grams or more of methamphetamine within 1,000 feet of a school while on pretrial release on June 5, 2005. Engler was sentenced to a stipulated term of 361 months imprisonment. Gatena was sentenced to 470 months imprisonment. From their convictions, Engler and Gatena appeal. Additionally, Gatena appeals his sentence. The appeals are consolidated. We affirm the convictions and Gatena’s sentence.

*968 I.

We recite the facts in the light most favorable to the jury’s verdicts. United States v. Honarvar, 477 F.3d 999, 1000 (8th Cir.2007). Engler and Gatena were involved in the manufacture, attempted manufacture and conspiracy to manufacture methamphetamine. At some time prior to meeting Engler, Gatena started making methamphetamine. Engler joined him in the manufacture of methamphetamine in 2004. In 2004, Engler and Gatena were a couple living in the same residence. Gatena was the “cook” who manufactured the methamphetamine and Engler’s role was to organize the other participants and obtain the precursors for Gatena’s use in the manufacture. They used the red phosphorus method of making methamphetamine. For this method, some of the necessary supplies include: pseudoephedrine, which can be obtained from over-the-counter sinus medications; red phosphorus, which can be obtained by removing the striker plate from matchbooks that have been soaked in Heet 2 or isopropyl alcohol; and iodine crystals, which can be made using hydrogen peroxide, muriatic acid, and iodine. Engler and several other people visited numerous grocery stores, discount stores and pharmacies to obtain products containing the needed supplies. Once the supplies were obtained, Gatena would make the methamphetamine while Engler and the others waited in another part of the residence. Gatena’s children were present in the home while Gatena manufactured the methamphetamine. The other people who helped them obtain the precursors would be paid with a portion of the final product of the methamphetamine “cook”.

Prior to their arrest, Engler and Gatena lived together at an apartment located at Mud Lake on Rock Grove Court and later at a house located at 101 East 29th Street in Dubuque, Iowa. Following their move to the 29th Street residence, Gatena continued to maintain his access to the apartment at Mud Lake on Rock Grove Court. Gatena “cooked” the methamphetamine at both the 29th Street and Rock Grove Court addresses. The evidence established that Gatena stored, manufactured, and sold methamphetamine at each of the residences which he shared with Engler.

After receiving information about the manufacture of methamphetamine by Engler and Gatena, law enforcement officers obtained search warrants for the two residences shared by Engler and Gatena on three different occasions. Engler and Gatena were subsequently indicted and arrested. Following the denial of their motions to suppress evidence, they were tried by a jury and convicted.

II.

Engler argues that the district court erred in denying her motion to suppress evidence obtained during the execution of three search warrants at the residence she and Gatena shared at 101 East 29th Street, Dubuque, Iowa, as well as the January 30, 2005, warrantless search of her person and Gatena’s vehicle, which Engler was driving.

The search warrants on Engler’s residence were served on November 18, 2004; December 30, 2004; and June 5, 2005. Engler argues that the search warrant of November 18, 2004, was obtained based on a defective affidavit and that the district court erred in denying her request for an evidentiary hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Further, Engler alleges that the evidence obtained as a result *969 of the execution of the December 30, 2004, search warrant at her home should have been suppressed due to errors in the application for search warrant. Engler also argues that all evidence seized as a result of the execution of the subsequent June 5, 2005 search warrant should have been suppressed as “fruit of the poisonous tree” because the basis for this search warrant was evidence and information obtained as a result of the allegedly improper search warrants of November 18, 2004, and December 30, 2004. Additionally, Engler contends that the warrantless canine and inventory searches of the vehicle she was driving on January 30, 2005, were improper because the government failed to offer sufficient proof to establish the existence of probable cause or an inventory exception to the general prohibition against a search absent probable cause. Finally, Engler asserts that the trial court erred by failing to follow the procedure established in United States v. Bell, 573 F.2d 1040 (8th Cir.1978), with respect to out-of-court coconspirator statements.

Gatena raises three issues on appeal. Like Engler, Gatena asserts that the district court erred in failing to comply with the procedures set forth in Bell. 3 Additionally, Gatena argues that there was insufficient evidence to establish that he aided and abetted the manufacture of 50 grams or more of methamphetamine on December 30, 2004. Lastly, Gatena avers that the district court erred when it determined the drug quantity for which Gatena was held accountable for purposes of determination of his offense level and sentence.

III.

We find that the searches were supported by probable cause, and the district court properly denied Engler’s motion to suppress as well as her request for a Franks hearing. On appeal of a motion to suppress, we review the factual findings for clear error, and the legal findings are reviewed de novo. United States v. Bell, 480 F.3d 860

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Cite This Page — Counsel Stack

Bluebook (online)
521 F.3d 965, 2008 U.S. App. LEXIS 7522, 2008 WL 942271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-engler-ca8-2008.