United States v. Klein

93 F.3d 698, 1996 U.S. App. LEXIS 21014, 1996 WL 469906
CourtCourt of Appeals for the Tenth Circuit
DecidedAugust 20, 1996
Docket95-8076
StatusPublished
Cited by35 cases

This text of 93 F.3d 698 (United States v. Klein) 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. Klein, 93 F.3d 698, 1996 U.S. App. LEXIS 21014, 1996 WL 469906 (10th Cir. 1996).

Opinion

BRORBY, Circuit Judge.

Following a jury trial, Allen Bruce Klein was convicted of one count of conspiracy to possess with intent to distribute and distribution of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court denied Mr. Klein’s motion for a new trial and sentenced him to 240 months of imprisonment, eight years of supervised release, and fined him $10,000. Mr. Klein challenges his conviction and the $10,000 fine. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

Mr. Klein challenges his conviction on three grounds. First, he contends the incriminating statements he made to police following his arrest should have been suppressed because they were the fruits of an unlawful arrest. Second, Mr. Klein contends the trial court erred in permitting a witness named Dwight David Rogers to make an in-court identification of him. Third, he contends the trial court erred in submitting the indictment to the jury during their delibera *700 tions without redacting references to unproven overt acts. Finally, Mr. Klein challenges the $10,000 fine on the ground the trial court failed to consider his present or future ability to pay.

A. Suppression of Incriminating Statements

After his arrest and advisement of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), Mr. Klein admitted he was a supplier of large amounts of methamphetamine, including over a pound of methamphetamine that was shipped to Wyoming. Mr. Klein moved to have these incriminating statements suppressed, and the district court denied his motion. Mr. Klein contends the statements should have been suppressed because he was arrested without probable cause.

The events leading to Mr. Klein’s arrest began when Wyoming authorities arrested Dwight David Rogers for his role in shipping a package of methamphetamine from Phoenix, Arizona, to Reliance, Wyoming. After his arrest, Mr. Rogers made statements detailing the transaction and those involved. He discussed the role of his supplier in Phoenix, a man whom he knew only as “Bruce.” Mr. Rogers described Bruce as being approximately five-ten to six feet tall with gray-brown hair and of Basque nationality. He explained how he drove to Phoenix, contacted Bruce, and purchased over a pound of methamphetamine from Bruce at a home in Chandler, Arizona, a suburb of Phoenix. Based on information provided by Mr. Rogers, the Wyoming authorities flew to Arizona to investigate and verify Mr. Rogers’ story. After arriving in Arizona, the officers contacted Mr. Rogers back in Wyoming and had him give them directions to the house where he had bought the methamphetamine from Bruce. The directions led to 372 North Hartford, Chandler, Arizona, where the officers observed a blue Pontiac Sunbird Mr. Rogers had described as the car used by Bruce. The listed owner of the house and the car was Richard West. Upon being shown a photograph of Richard West, Mr. Rogers said the person was definitely not Bruce. The Wyoming authorities surveilled the house in Chandler. At one point, the officers observed a man in the Sunbird who fit the description Mr. Rogers had given for Bruce. The officers followed the man to a department store and obtained a backside photograph of him as he entered the store. They sent this photograph, along with ones of the house and the Sunbird, to Wyoming for Mr. Rogers’ identification. Mr. Rogers identified the car as the one he had seen Bruce in and identified the house as the one in which he had purchased methamphetamine from Bruce. Mr. Rogers thought the photograph of the man looked like Bruce, but could not be sure because of the distance from which it was taken. The Wyoming officers learned from Arizona authorities that they had information that a man named Bruce lived at 372 North Hartford in Chandler and was selling large quantities of methamphetamine. The Wyoming officers could not, however, locate or identify this Bruce.

In an effort to learn more about Bruce and the methamphetamine connection between Arizona and Wyoming, the Wyoming officers eventually obtained a search warrant for the house in Chandler from a federal magistrate in Phoenix. The officers executed the warrant with help from Arizona officials. During the search, the officers encountered two women, Elizabeth Clark and Laura Beikler. Ms. Clark, who was in the house when officers began the search, confirmed that a man name Bruce lived at the house and was involved in trafficking methamphetamine. Ms. Beikler arrived at the house in the course of the search and was driving the blue Sunbird associated with Bruce. She confirmed that Bruce was a big trafficker of methamphetamine. She also explained that she had switched cars with Bruce and that he was en route to California in her car to pick up more methamphetamine. During the officers’ interview of Ms. Beikler, a man called the house, identified himself as Bruce, and asked to speak with Ms. Beikler. Bruce told Ms. Beikler she had forgotten to leave her registration in her car and specified a convenience store at which she was to meet him with the registration. The officers got a description from Ms. Beikler of what Bruce looked like, what he was wearing, and what her car looked like. They relayed this information to *701 a SWAT team, which left to look for the car and Brace. At this point, the officers still did not know Bruce’s last name. Upon arriving at the specified convenience store, the SWAT team identified Ms. Beikler’s car. Though the ear contained only a woman, officers observed a man in the store who matched the description given by Ms. Beik-ler. The officers arrested the man and took him to the house at 372 North Hartford, where the other officers were still searching the residence. After being advised of his rights, the man identified himself as Bruce Klein and admitted to selling Mr. Rogers over a pound of methamphetamine.

A warrantless arrest for a felony normally is permissible as long as the arresting officer has probable cause. United States v. Watson, 423 U.S. 411, 414-23, 96 S.Ct. 820, 823-28, 46 L.Ed.2d 598 (1976). The proper probable cause inquiry asks whether at the time of the arrest “the facts and circumstances within [the officers’] knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the [arrestee] had committed or was committing an offense.” Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142 (1964). “ ‘[P]robable cause can rest upon the collective knowledge of the police, rather than solely on that of the officer who actually makes the arrest.’ ” United States v. Swingler, 758 F.2d 477, 487 (10th Cir.1985) (quoting United States v. McManus,

Related

United States v. Ruiz
116 F.4th 1246 (Tenth Circuit, 2024)
Lisle, Jr. v. Butler
S.D. Illinois, 2020
Stouffer v. Duckworth
825 F.3d 1167 (Tenth Circuit, 2016)
State v. Weber
139 So. 3d 519 (Supreme Court of Louisiana, 2014)
State v. Allen
79 So. 3d 1220 (Louisiana Court of Appeal, 2011)
State of Louisiana v. Brandon Dale Allen
Louisiana Court of Appeal, 2011
United States v. Perez-Jiminez
654 F.3d 1136 (Tenth Circuit, 2011)
United States v. Vigil
644 F.3d 1114 (Tenth Circuit, 2011)
State v. Elliott
35 So. 3d 247 (Supreme Court of Louisiana, 2010)
United States v. Rivera Ortiz
554 F. Supp. 2d 134 (D. Puerto Rico, 2007)
United States v. Siegelman
467 F. Supp. 2d 1253 (M.D. Alabama, 2006)
United States v. Ward
Tenth Circuit, 2005
United States v. Sullivan
108 F. App'x 579 (Tenth Circuit, 2004)
United States v. Platt
97 F. App'x 851 (Tenth Circuit, 2004)
United States v. Armstrong
59 F. App'x 303 (Tenth Circuit, 2003)
United States v. Brown
314 F.3d 1216 (Tenth Circuit, 2003)
United States v. Daniels
159 F. Supp. 2d 1285 (D. Kansas, 2001)
Klein v. United States
125 F. Supp. 2d 460 (D. Wyoming, 2000)
United States v. Pearson, Eric
203 F.3d 1243 (Tenth Circuit, 2000)
United States v. Deters
184 F.3d 1253 (Tenth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
93 F.3d 698, 1996 U.S. App. LEXIS 21014, 1996 WL 469906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-klein-ca10-1996.