United States v. Lonnie Weston, United States of America v. Sherry Woodard

443 F.3d 661, 2006 U.S. App. LEXIS 7652, 2006 WL 783377
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 29, 2006
Docket04-3325, 05-1291
StatusPublished
Cited by44 cases

This text of 443 F.3d 661 (United States v. Lonnie Weston, United States of America v. Sherry Woodard) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Lonnie Weston, United States of America v. Sherry Woodard, 443 F.3d 661, 2006 U.S. App. LEXIS 7652, 2006 WL 783377 (8th Cir. 2006).

Opinion

SMITH, Circuit Judge.

Lonnie Weston and Sherry Woodard appeal their convictions for the manufacture, possession, and distribution of methamphetamine. Weston challenges the legality under the Fourth Amendment of two searches of his home. In addition, Weston requests that the district court’s alternative sentence be imposed in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Woodard argues that insufficient evidence supported her conviction. In the alternative, Woodard asserts that the district court erred by not applying the statutory safety valve set forth in 18 U.S.C. § 3553(f). We remand Weston for resentencing in consideration of the factors set forth in 18 U.S.C. § 3553(a), and we affirm the remainder of the district court’s judgments.

I. Background

Law enforcement officers, including Jeff Sutherland, went to Lonnie Weston’s residence to investigate reports that stolen vehicles were located there. Weston lived in a mobile home located on a state highway in rural McDonald County, Missouri. Although his property is accessible by the highway, Weston’s mobile home cannot be seen from the highway. Weston’s property is fenced and a gate blocks the driveway entrance near the highway. The officers admitted that it was possible that the gate was closed, but it is undisputed that the gate was not locked.

Beyond the gate, the- driveway winds approximately 200 yards to a split-rail fence located between the end of the driveway and the mobile home. The mobile home is positioned perpendicular to the fence. Thus, one standing at the fence faces an end of the trailer, and the front door and articles near it are not visible from this vantage.

A. First Search

The officers entered the driveway, proceeded to and parked at the split-rail fence. The officers observed many junk vehicles, but they saw no vehicles matching descriptions of those reported to be stolen. Nonetheless, the officers exited their vehicle and proceeded beyond the split-rail fence to the front door of the mobile home. The officers intended to announce their presence and ask Weston about the stolen vehicles.

As the officers approached the front door, they observed propane tanks next to the door and other tanks leaned against the split-rail fence. The officers noticed a blue discoloration on the valves of the tanks, which indicated that they had contained anhydrous ammonia, an ingredient used in the manufacture of methamphetamine. One of the tanks had been spray-painted blue in an apparent attempt to conceal the discoloration. The discovery of the tanks was consistent with Sutherland’s knowledge of reports that methamphetamine had been manufactured at Weston’s home. The officers testified that if methamphetamine had been recently manufactured there would have been a chemical odor but that they smelled no such odor on this day. The officers left the premises to obtain a state search warrant.

Upon searching the premises pursuant to the warrant, officers encountered several persons at the residence with personal use amounts of methamphetamine. Officers also seized physical evidence consistent with the manufacture and distribution *665 of methamphetamine, including a methamphetamine cookbook and syringes. The evidence seized pursuant to execution of this warrant was admitted against Weston in the proceedings below.

B. Second Search

Almost two years later, Officer Sutherland returned to Weston’s property to serve a felony warrant on Jody Weston, Lonnie’s son, who Sutherland had information might be found at Lonnie’s residence. As Sutherland approached the front door, he heard female voices talking inside the residence. Sutherland knocked on the door, announced his presence, and noticed that the conversation inside abruptly halted. He continued to knock, and several minutes later, Desa White, Jody’s mother and Lonnie’s ex-wife, answered the door. Sutherland asked if Jody was there, and White twice told him no. Sutherland then received consent from White to enter the premises to search for Jody. It is unclear whether Sutherland asked to go inside or if White offered. Sutherland did not ask White if she lived there or if she had the authority to consent to a search of the premises.

In searching the premises for Jody, Sutherland observed several items related to the manufacture of methamphetamine. Sutherland then left the residence and applied for a search warrant based upon what he had seen. After obtaining the warrant, officers returned to the residence and performed a more thorough search, discovering even more items indicative of the manufacture and distribution of methamphetamine. The items seized pursuant to execution of this warrant were also admitted into evidence against Weston.

C. Woodard’s involvement

Woodard, Weston’s half-sister, lives in a mobile home on the same property as Weston, 1 located near the Sims General Store. Woodard owns and operates the store. Notwithstanding its rural location and lack of gasoline pumps, the Sims General Store sold a large quantity of pseu-doephedrine pills. Charles Laffoon, the sales agent for Handi-Rak (the company supplying the store s pseudoephedrine), testified that he believed that someone was using the pseudoephedrine to manufacture methamphetamine due to the large amounts purchased. According to Laf-foon, Woodard requested the maximum amount of pseudoephedrine that Laffoon could sell each week. Over approximately five months, Woodard ordered 41,904 60-milligram pseudoephedrine pills from Handi-Rak.

Woodard told Laffoon the large quantities of pseudoephedrine were for her personal weight loss; however, co-defendant Craig Guinn testified that Woodard was actually reselling large amounts of the pseudoephedrine to Weston at a premium price. Specifically, Guinn testified that on three separate occasions, he accompanied others 2 who obtained cases of pseu-doephedrine pills from the Sims General Store. On each occasion, more than an entire case of pills was purchased. On the two occasions when Guinn personally entered the store, Woodard directed the purchasers of the pills to the back storage room where the pills were kept. Guinn further testified that Weston paid Wood *666 ard twice the normal price for the pills. On each of these three occasions, Guinn was present while Weston used the pseu-doephedrine to manufacture methamphetamine.

Before trial, Weston moved to suppress the evidence seized during the two searches of his home. The district court denied both motions. With respect to the first entry, the court ruled that the officers did not invade Weston’s reasonable expectation of privacy by walking to the front door of the residence to advise Weston of their presence and purpose.

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Cite This Page — Counsel Stack

Bluebook (online)
443 F.3d 661, 2006 U.S. App. LEXIS 7652, 2006 WL 783377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lonnie-weston-united-states-of-america-v-sherry-woodard-ca8-2006.