United States v. Howard

632 F. App'x 795
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 24, 2015
DocketNo. 14-6326
StatusPublished
Cited by14 cases

This text of 632 F. App'x 795 (United States v. Howard) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Howard, 632 F. App'x 795 (6th Cir. 2015).

Opinion

CLAY, Circuit Judge.

Defendant Gregory Howard appeals from the March 26, 2014, order entered by the district court denying his motion to suppress. Defendant’s motion argued that the warrant to search his residence was not supported by probable cause. After the motion was denied, Defendant pleaded guilty to one count of possession with intent to distribute Oxycodone, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(1). The plea agreement reserved Defendant’s right to appeal the motion to suppress. Defendant now exercises that right.

For the reasons set forth below, we AFFIRM the district court’s order denying Defendant’s motion to suppress.

BACKGROUND

On February 6, 2013, a Kentucky court issued a warrant to search Defendant Gregory Howard’s residence. The affidavit supporting the warrant, written by Detective Willie Skeens of the Kentucky State Police’s UNITE drug task force, stated in pertinent part:

On the 5th day of Feb. 2013, at approximately 5:45 p.m., affiant received information from:
Shawn Compton that Brian Howard was currently conducting narcotics deliveries for a variety of addicts in Magoffin Co[.] Shawn Compton states that Brian Howard is receiving the narcotics from Greg Howard a relative of Brian Howard at the location described herein and the photo attached hereto.
The witness states that Brian Howard does not have a vehicle and usually borrows the purchasers vehicle and drives to the residence described herein to pick up the pills for the addicts while leaving the addicts at Brians home located on coon creek.
On 02-05-2013 myself and Det Adams met the witness at an undisclosed location in Magoffin co and conducted a control buy from Brian Howard.
The witness stated they arrived at the residence of Brian Howard on Coon Creek and Brian Howard took the witnesses money and vehicle and began pulling out of the driveway and stopped[.] Brian exited the vehicle and told the witness that Greg Howard had just contacted him and told him to wait 15 minutes before leaving coon creek to come get the pills.
Durring [sic] the buy the witness stated that Brian 'Howard went to the residence of Greg Howard described herein to purchase a quantity of Oxycodone pills for the witness. Detectives also personally observed the witnesses vehi[797]*797cle leaving the residence described herein.
The witness stated that when Brian returned with the pills that was purchased that Brian Howard told the witness that he went to purchase the pills from Greg Howard and further told the witness that Greg Howard was currently laying low because he was scared of getting caught by Law Enforcement.

(R. 26-2, Search Warrant & Affidavit, Pg ID # 55.) On the following page, the affidavit states:

Acting on the information received, affi-ant conducted the following independent investigation:
UNITE and KSP have been receiving tips about Greg Howard and his Oxyco-done trafficking activities that has been directly linked to Howards Grocery located in Magoffin CountyU Unite detectives have made controlled buys from the store from individuals associated with Greg Howard.

(Id. at 56.)

Upon execution of the search warrant, officers found Defendant attempting to dispose of pills in a bathroom sink. The officers recovered a portion of the pills, which were later determined to be Oxyco-done. The officers also recovered $5,172 in currency from a bag inside the residence, which included $840 in buy money used during the controlled buy between Brian Howard and Shawn Compton.

Defendant was indicted on 'November 7, 2013, for conspiracy and intent to distribute oxycodone pills, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(1), all in violation of 21 U.S.C. § 846. On February 18, 2014, Defendant filed a motion to suppress evidence seized from the search of his home pursuant to the warrant. The district coui*t permitted briefing on the motion and held a telephonic status conference on March 3, 2014, at which the court determined that a hearing on the motion would not be necessary. On March 26, 2014, the court issued an order-denying Defendant’s motion. United States v. Howard, 2014 WL 1253123, at *4 (E.D.Ky.2014).

In its order, the district court held that Shawn Compton “was a named informant and his statements are therefore generally considered to be reliable even without independent corroboration to establish his credibility.” Id. at *2. The court further held that, even if Compton was not presumptively reliable, the detectives’ observations during the controlled buy constituted sufficient coxroboration to establish probable cause. Id. at *3. The court noted, however, that the detectives’ independent investigation of Howards Grocery was “of limited value.” Id. Finally, the court rejected Defendant’s argument that the warrant lacked sufficient particularity. Id.1

After the court denied his motion to suppress, Defendant entered a conditional guilty plea that reserved the right to appeal the district court’s ruling on the motion to suppress. On October 15, 2014, the court accepted Defendant’s plea, and he was sentenced below the guidelines to timé served and placed on supervised release. Defendant timely appealed.

DISCUSSION

I. Standard of Review

In considering the denial of a motion to suppress, we review the district court’s findings of fact for clear error and legal conclusions de novo. United States v. Smith, 594 F.3d 530, 535 (6th Cir.2010). “[T]he district court’s application of the [798]*798law to the facts, such as a finding of probable cause, is [also] reviewed de novo.” United States v. Pasquarille, 20 F.3d 682, 685 (6th Cir.1994). “Where a district court denies a motion to suppress, this Court considers the evidence in the light most favorable to the government.” United States v. Hinojosa, 606 F.3d 875, 880 (6th Cir.2010) (internal brackets and quotation marks omitted) (quoting United States v. Carter, 378 F.3d 584, 587 (6th Cir.2004) (en banc)).

II. Analysis

The Fourth Amendment provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation ____” U.S. Const, amend. IV. In deciding whether the affidavit supporting a warrant establishes probable cause, magistrates must consider “the totality of the circumstances.” United States v. Allen, 211 F.3d 970, 972 (6th Cir.2000) (en banc) (citing Illinois v. Gates, 462 U.S. 213, 230-31, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)); see also United States v.

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Bluebook (online)
632 F. App'x 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-howard-ca6-2015.