United States v. John Oscar Kalu

485 F. App'x 366
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 30, 2012
Docket11-12728
StatusUnpublished

This text of 485 F. App'x 366 (United States v. John Oscar Kalu) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. John Oscar Kalu, 485 F. App'x 366 (11th Cir. 2012).

Opinion

PER CURIAM:

John Oscar Kalu appeals his convictions and total sentence of 168 months’ imprisonment for 1 count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349; 2 counts of bank fraud, in violation of 18 U.S.C. §§ 1344 and 2; and 2 counts of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1) and 2. The court sentenced Kalu to 120 months’ imprisonment for Counts 1 through 3 to be served concurrently, to 2 years for Count 5 to be served consecutively to Counts 1 through 3, and to 2 years for Count 6 to be served consecutively to Count 5. On appeal, Kalu argues that (1) the district court erred in denying his motion to suppress physical evidence and statements, and (2) the district court incorrectly applied the Sentencing Guidelines and improperly imposed an upward variance at sentencing.

I.

Kalu argues that the district court clearly erred in denying his motion to suppress. Kalu contends that, because the court was presented with conflicting witness testimony, it had to make detailed credibility determinations that it did not believe a witness’s claim, which it failed to do. Further, Kalu contends that the report and recommendation that the district court adopted was contradictory and vague. Kalu also argues that his motion sought the suppression of incriminating statements that he had made following his arrest, but the court failed to address this argument in any way.

In reviewing a district court’s denial of a motion to suppress, we review its findings of fact for clear error and its application of law to those facts de novo. United States v. Ramirez, 476 F.3d 1231, 1235 (11th Cir.2007). The voluntariness of a defendant’s statement is a question of law. United States v. Farley, 607 F.3d 1294, 1326 (11th Cir.), cert. denied, — U.S. -, 131 S.Ct. 369, 178 L.Ed.2d 238 (2010). We construe all facts in the light most favorable to the party prevailing in the district court. Ramirez, 476 F.3d at 1236. “Credibility determinations are typically the province of the fact finder because the fact finder personally observes the testimony and is thus in a better position than a reviewing court to assess the credibility of witnesses.” United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir.2002). We accept the district court’s choice of whom to believe “unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” Id. (quotation omitted). We defer to a district court’s factual determinations unless its understanding of the facts appears to be unbelievable. Id. We may affirm the denial of a motion to suppress on any ground supported by the record. United States v. Caraballo, 595 F.3d 1214, 1222 (11th Cir.2010). Further, we may consider evidence presented at a defendant’s trial and are not limited to the evidence introduced at the suppression hearing. United States v. Villabona-Garnica, 63 F.3d 1051, 1056 (11th Cir.1995).

The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const, amend. IV. In most circumstances, unless there is consent, law enforcement officers must obtain a warrant supported by probable cause to justify a search under the Fourth Amendment. United States v. Magluta, 418 F.3d 1166, 1182 (11th Cir.2005). There are, however, a number of exceptions to the warrant requirement. Id. A full search incident to a lawful arrest is one such exception to the *369 warrant requirement. United States v. Goddard, 312 F.3d 1360, 1364 (11th Cir.2002). “The justification or reason for the authority to search incident to a lawful arrest rests quite as much on the need to disarm the suspect in order to take him into custody as it does on the need to preserve evidence on his person for later use at trial.” Id. (quotation omitted). Thus, “[sjince the custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment, a search incident to the arrest requires no additional justification.” Id.

Another exception to the warrant requirement is an inventory search of a legally impounded vehicle that is conducted pursuant to an established procedure. South Dakota v. Opperman, 428 U.S. 364, 372-76, 96 S.Ct. 3092, 3098-3101, 49 L.Ed.2d 1000 (1976). The government has the burden to show the requirements of an inventory search have been met. Sammons v. Taylor, 967 F.2d 1533, 1543 (11th Cir.1992). An inventory search permits a thorough search of property lawfully in police custody, as long as that search is consistent with the police caretaking function. United States v. O’Bryant, 775 F.2d 1528, 1534 (11th Cir.1985). To show that an inventory search is lawful, the government must establish, first, that the officers had the authority to impound the defendant’s vehicle, and second, that the officers complied with departmental policy in conducting the search. United States v. Williams, 936 F.2d 1243, 1248 (11th Cir.1991). “An inventory search is not a surrogate for investigation, and the scope of an inventory search may not exceed that necessary to accomplish the ends of the inventory.” United States v. Khoury, 901 F.2d 948, 958 (11th Cir.1990). Ordinarily, the prosecution presents evidence at the suppression hearing concerning the standardized procedures limiting the discretion of the investigating officers. When this evidence is presented, “[t]he prosecution assures itself a smoother and surer path when it provides concrete evidence that the inventory search followed a standardized procedure pursuant to regulatory strictures.” However, where law enforcement provides uncontroverted testimony that an inventory search “was routine and required, that is, the search was performed as a matter of course when a vehicle was impounded and the investigating officer was not at liberty to decline to inventory the contents,” we have held that the evidence is sufficient to show that an inventory search was properly executed. Id.

The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself.” U.S. Const, amend. V.

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Bluebook (online)
485 F. App'x 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-oscar-kalu-ca11-2012.