United States v. Jamar Cannon

685 F. App'x 114
CourtCourt of Appeals for the Third Circuit
DecidedApril 13, 2017
Docket16-1583
StatusUnpublished

This text of 685 F. App'x 114 (United States v. Jamar Cannon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Jamar Cannon, 685 F. App'x 114 (3d Cir. 2017).

Opinion

OPINION **

HARDIMAN, Circuit Judge.

After entering a conditional guilty plea, Jamar Cannon appeals the District Court’s order denying his motion to suppress wiretap evidence of his participation in a cocaine distribution ring. We will affirm.

I

This case arises out of a federal investigation of the Dover, Delaware branch of the Bloods street gang. In September 2012, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began investigating the drug trafficking activities of Dover gang members who referred to themselves as the “Sex, Money, Murder” (SMM) Bloods.

The investigation zeroed in on Edward Sturgis, who was identified as a leader in the gang. In January 2014, ATF agents obtained a wiretap on Sturgis’s phone— referred to as Target Telephone # 1. That wiretap was intended to uncover the nature, extent, and methods of drug trafficking of Sturgis and others.

One of the anticipated targets was Lesh-awn Ingram, who was believed to be a large scale dealer of Sturgis’s cocaine. As expected, Ingram called Sturgis’s phone on multiple occasions during the wiretap from a phone that ATF agents labelled Predecessor Telephone #1. Though Ingram and Sturgis spoke in code during these conversations, ATF agents believed that the discussions were related to cocaine trafficking.

Ingram stopped using Predecessor Telephone # 1 after a high-speed chase with Delaware state police. The Government alleged that Ingram then started calling Sturgis from a new phone. That phone— which was activated the day after Ingram’s run-in with police—was referred to as Target Telephone # 3. ATF agents then sought and received a wiretap for that phone. During the course of that wiretap, Appellant Jamar Cannon was overheard ordering cocaine from Ingram. Cannon was arrested and charged with possessing cocaine with intent to distribute.

Before trial, Cannon filed a motion to suppress the wiretap evidence, arguing that the Ingram wiretap application did not sufficiently prove necessity or probable cause as required by 18 U.S.C. § 2518(1)(c), (3). The District Court denied the motion and Cannon pleaded guilty, but reserved his right to file this appeal.

II 1

Cannon argues that the Government did not prove that the Ingram wire *116 tap was necessary. Specifically, he claims the wiretap application “failed to show that particularized investigative actions were tried and failed as it relate[d] to Leshawn Ingram and target phone #3.” 2 Cannon Br. 11.

To establish the necessity of a wiretap, the application must include “a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.” 18 U.S.C. § 2518(1)(e). The government’s burden to demonstrate necessity “is not great.” United States v. Armocida, 515 F.2d 29, 38 (3d Cir. 1975). To meet its burden, “[t]he government need only lay a ‘factual predicate’ sufficient to inform the judge why other methods of investigation are not sufficient.” United States v. Williams, 124 F.3d 411, 418 (3d Cir. 1997) (quoting United States v. McGlory, 968 F.2d 309, 345 (3d Cir. 1992)).

Applying these principles, we agree with the District Court that the Ingram wiretap was necessary. First, the Government demonstrated that “normal investigative procedures ha[d] been tried and failed.” 18 U.S.C. § 2518(3)(c). For example, attempts at physical surveillance failed because the SMM Bloods’ “heightened awareness of the presence of law enforcement” meant that gang members would spot surveillance and flee. Gov’t Br. 7-8. Second, the Government showed that “normal investigative procedures ... reasonably appear to be unlikely to succeed if tried.” 18 U.S.C. § 2518(3)(c). For instance, the use of confidential informants appeared destined to fail because most potential informants declined to cooperate due to fear of reprisal, and the others were not sufficiently familiar with the “organization’s methods and structures” to be useful. Gov’t Br. 8. Finally, the affidavit proves that certain normal investigative techniques would “be too dangerous.” 18 U.S.C. § 2518(3)(c). For example, the Government could not use undercover agents because the SMM Bloods had a “history of violence,” Gov’t Br. 7, and had “been arrested for crimes including murder, assault, ... and illegal firearms possession,” id. at 3 n.2. These facts satisfy the legal standard. See Williams, 124 F.3d at 418 (“[T]he inadequacy of other investigative techniques has been proven by demonstrating such factors as the inability of a confidential informant to gather additional information, ... the use of evasive tactics by the investigation’s targets, and the difficulty of penetrating an organization with a secretive nature and a propensity towards violence.”).

Cannon counters that the Government “fails to show that any effort whatsoever was made to investigate Leshawn Ingram [or] his drug operation.” Cannon Br. 12. Not so. Ingram had long been on the Government’s radar, as evidenced by his inclusion as a target of the original Sturgis wiretap. The Government also gathered considerable evidence regarding Ingram’s drug-related activities through his calls to and from Sturgis. And ATF agents had surveilled Ingram and identified him at least twice at the SMM Bloods’ main clubhouse.

Cannon next claims the Government did not show necessity “because the investigation of target telephone #3 only lasted approximately five days.” Cannon Br. 11. This argument “take[s] an unrea *117 sonably narrow view of the scope of this investigation.” United States v. Vento, 533 F.2d 838, 850 (3d Cir. 1976). The Government was investigating the entire SMM Bloods conspiracy, not just Ingram. Whether or not normal investigative techniques could have garnered evidence sufficient to implicate only Ingram, “such approaches could not show the scope of the conspiracy.” Id. Indeed, after more than sixteen months of investigation, many of the objectives related to uncovering the scope of the conspiracy had not been achieved. Thus, the Ingram wiretap was properly deemed necessary to achieve the investigation’s goals.

III

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Related

United States v. Stearn
597 F.3d 540 (Third Circuit, 2010)
Zurcher v. Stanford Daily
436 U.S. 547 (Supreme Court, 1978)
Franks v. Delaware
438 U.S. 154 (Supreme Court, 1978)
United States v. Armocida
515 F.2d 29 (Third Circuit, 1975)
United States v. Vento
533 F.2d 838 (Third Circuit, 1976)
United States v. Tehfe
722 F.2d 1114 (Third Circuit, 1983)
United States v. Kareem Bailey
840 F.3d 99 (Third Circuit, 2016)
United States v. McGlory
968 F.2d 309 (Third Circuit, 1992)

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685 F. App'x 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jamar-cannon-ca3-2017.