United States v. Humphrey

143 F. App'x 951
CourtCourt of Appeals for the Tenth Circuit
DecidedAugust 5, 2005
DocketNos. 01-8047, 01-8084
StatusPublished

This text of 143 F. App'x 951 (United States v. Humphrey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Humphrey, 143 F. App'x 951 (10th Cir. 2005).

Opinion

ORDER AND JUDGMENT1

TERRENCE L. O’BRIEN, United States Circuit Judge.

This case is before us for a third time,2 this time on remand from the United States Supreme Court for further consideration in light of United States v. Booker, - U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Humphrey, — U.S. -, 125 S.Ct. 1043, 160 L.Ed.2d 1025 (2005). Convicted of drug trafficking, Carlton Humphrey contends the district court committed constitutional Booker error when it enhanced his sentence based on its findings that his relevant conduct involved 7.5 kilograms of methamphetamine and that he possessed a dangerous weapon in connection with the offense. Exercising jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we again AFFIRM.

I. FACTUAL BACKGROUND

We recount the pertinent facts of the case as stated in Humphrey I.3

In the spring of 1997, Alvin Bauerlein was terminally ill with cancer. Mr. Bauerlein lived on Jefferson Street in Casper, Wyoming, with his then fourteen year old daughter, Judith. Nancy Regan also lived in his home, where she took care of Mr. Bauerlein and did cooking and housekeeping. Carlton Humphrey, a friend of Regan, stayed at the house at times and was a frequent visitor. One Yno Martin, a friend of Judith, also lived in the house for a few months in the summer of 1997, staying in the basement with Judith. Patricia Harris (later Patricia Bauerlein), known as Patty, became acquainted with Alvin Bauerlein through a cancer support group. Patty also eventually came to stay in the house on Jefferson Street.
In late May of 1997, Mr. Bauerlein was gravely ill and in the hospital. On May 29 Alvin and Patty were married in the hospital room. Patty then moved into the house on Jefferson Street, where she lived for a few weeks. Alvin Bauerlein died five days after the mar[953]*953riage. A few days after that, Regan was appointed Judith’s guardian.
Judith Bauerlein had begun using methamphetamine in January or February, 1997. Testifying for the prosecution at trial, Judith said that she had been dealing methamphetamine during 1997, often having several thousand dollars in cash or several ounces of methamphetamine at a time. In mid-August, 1997 Judith was arrested and confined in a juvenile facility. Sometime in August Patty Bauerlein contacted Chuck Davis, who was an investigator with the Natrona County Sheriffs Department. Patty asked Davis to meet her at her mother’s residence, where she had been living since late July, and he did so. Patty told Davis that [] Regan and Humphrey were dealing methamphetamine and that she wanted to put a stop to it because they were involving Judith in their activities. Patty continued to contact Davis about once a week for the following few weeks.
In late August, 1997 Patty contacted Davis with a specific tip. She said that Humphrey and Regan were going to Cheyenne to make a drug buy and gave a particular location where she believed they could be found. Officers in Cheyenne were unable to locate [Humphrey and Regan] that day, and Patty testified that she later learned [they] had gone to Denver instead of Cheyenne that day. On September 5 Patty again called Davis and reported that Humphrey had a large amount of methamphetamine in his possession and was in Casper, probably driving a green pickup. Officers were unable to find Humphrey that night.
On the morning of September 6, 1997 Patty called Davis again. She said that she and Judith were to meet Humphrey and Regan for breakfast at the Flying J truck stop in Casper. Several officers gathered near the truck stop and spotted [Humphrey and Regan] leaving in Humphrey’s green pickup. By this time, the police had determined that the pickup was registered to Humphrey, that he was driving under suspension, and that there was an outstanding warrant for his arrest. Police stopped the pickup with Humphrey and Regan in it after it left the truck stop. As the pickup was slowing down and pulling over, police saw defendant Regan ducking down and moving as if she were moving something on the floorboard of the pickup. When Humphrey produced his identification he was arrested on the outstanding warrant. He was handcuffed and placed in a patrol car. The officers searched Humphrey’s pockets and found $3,492 in cash, as well as a money order for $500.
While Humphrey was being arrested and searched, another officer asked Regan to get out of the pickup and talked with her. In the meantime, other officers found a tan satchel [on] the floor of the pickup on the passenger side. Opening the satchel, they found two large bags containing what they believed to be, and what was later proven to be, methamphetamine totaling over 600 grams. Regan was then arrested. Subsequent search revealed a small quantity of methamphetamine, about 3 grams, in her purse.... She had only a small amount of cash. The pickup was impounded and taken to the police station, where it was thoroughly searched. Small additional amounts of drugs were found, along with some drug paraphernalia.
Patty had also told Davis that Humphrey had left his Dodge automobile in the garage at Patty’s mother’s house, where she was staying. Immediately after the arrest of [Humphrey and Regan], the officers sought a search warrant for the Dodge. Patty, Judith, and Yno Martin had witnessed the arrests. [954]*954They went from there to Patty’s mother’s house, where they destroyed small amounts of drugs, and Judith removed some photos from the Dodge. About fortyfive minutes later, officers arrived to secure the location pending issuance of the requested search warrant.
The warrant was issued and the Dodge was searched later that day. The trunk of the car contained, inter alia, another $4,000 in cash, a loaded pistol, and a notebook with handwritten numbers and notations. The notebook was admitted in evidence at trial, and was said in expert testimony to be a drug ledger. Patty Bauerlein identified the handwriting in the notebook as that of [ ] Regan.

Humphrey I, 208 F.3d at 1195-97. With respect to the Dodge automobile left at the residence where Patricia Bauerlein was staying and later searched:

Patty Bauerlein had testified that [Humphrey and Regan] had been gone for several days, having asked her to watch the house on Jefferson Street while' they went out of town to buy drugs. Patty testified that they returned on September 5, 1997, arriving at her residence in the Dodge. The prosecution had already shown that the Dodge was registered to Humphrey. Patty testified that on arriving at her home, [Humphrey and Regan] took some things out of the Dodge, including some methamphetamine. Later, [Humphrey and Regan] took the methamphetamine with them when they left with Patty in the Dodge, eventually returning tó Patty’s house with the Dodge, which was parked in the garage, and Humphrey’s pickup.

Id. at 1210-11.

II. PROCEDURAL BACKGROUND

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Bluebook (online)
143 F. App'x 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-humphrey-ca10-2005.