United States v. Marcus Chandler

437 F. App'x 420
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 29, 2011
Docket10-6489, 10-6541
StatusUnpublished
Cited by6 cases

This text of 437 F. App'x 420 (United States v. Marcus Chandler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Marcus Chandler, 437 F. App'x 420 (6th Cir. 2011).

Opinion

GRIFFIN, Circuit Judge.

Defendants-appellants Marcus S. Chandler and Kenneth N. Ciers each entered conditional guilty pleas to conspiracy to distribute and possess with intent to distribute Oxycodone, in violation of 21 U.S.C. § 846, with Chandler also pleading guilty to possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c)(1)(A). On appeal, both defendants challenge the denial of their motions to suppress. Upon review, we affirm.

I.

The undisputed facts of this matter were summarized by the district court as follows:

[This case] commenced [on January 26, 2010,] when Sergeant Bill Birkenhauer received a telephone call ... from Brian Hamilton regarding drug activity being conducted by his roommate, Marcus Chandler. Although Hamilton initially expressed a desire to remain anonymous, he ultimately identified himself to Sergeant Birkenhauer. Hamilton advised that Chandler was selling large quantities of Oxycontin and that he made frequent trips to Northern Ohio for that purpose. Sergeant Birkenhauer obtained Hamilton’s name, address and telephone number and assigned the matter to Agent Brett Benton for further investigation.
Agent Benton met with Hamilton later on January 26, 2010. At that time and through later contacts with Hamilton, Benton learned additional details regarding the drug operation being conducted by Defendant Chandler. In relevant part, Hamilton advised agents of the NKDSF that Chandler made trips to Northern Ohio at least every other week, that Chandler would pay for Oxycontin and obtain a new shipment on each trip, that the supplier was from Detroit, Michigan, that Chandler would meet with his source of supply at Exit 122 or at the Wendy’s restaurant just off Exit 125, that the supplier drove a dark colored sedan, and that Chandler never drove himself but would employ different drivers. Hamilton claimed to have the details of Chandler’s operations because he had previously acted as his driver. Hamilton provided further details, including that Chandler would obtain a full tank of gas and supply the driver — usually an addict — with an 80 mg tablet of Oxycontin in exchange for driving him to Northern Ohio. According to Hamilton, the person with whom Chandler would meet to obtain additional drugs in exchange for payment was not the main supplier.
Hamilton also provided the agents with information regarding his living arrangement with Chandler. According to Hamilton, he began living with Chandler after Chandler’s father was either arrested or investigated by the Lexington Drug Enforcement Agency for selling large quantities of Oxycontin. At that time, the DEA was also investigating Chandler. And according to Hamilton, Chandler maintained a safe for the storage of Oxycontin at his house that he shared with Hamilton. Further, after the initial call, agents were able to confirm many of relevant details. For example, they were able to confirm that Chandler’s father had been investigated and arrested in Lexington for distributing Oxycontin.
*422 On February 4, 2010, Hamilton notified Agent Benton that Chandler was planning to make another trip to Northern Ohio to purchase 100 to 200 Oxycontin tablets and was looking for a driver. Agents of the NKDSF then conducted surveillance of Chandler’s residence and observed a black Ford F-150 truck arrive at that location. (Agents later identified [Daniel W.] Profitt as the driver of the Ford truck.) Agents followed the truck and observed two stops, including one at a gas station, before it returned to Chandler’s residence. Although Hamilton was not at home at the time of this activity, he was in contact with Chandler (and NKDSF agents) by telephone.
Hamilton was advised by Chandler throughout the day that Chandler planned to make his usual trip to Northern Ohio to obtain Oxycontin and that the transaction would take place at the Wendy’s restaurant parking lot near Exit 125. However, Chandler advised Hamilton that he was having difficulty finding a driver and that it might be necessary for Hamilton to drive. Later that afternoon, however, Chandler advised Hamilton that Profitt had agreed to drive him to Northern Ohio. (According to Hamilton, Profitt had previously purchased Oxycontin from Chandler.)

Based on the information received from Hamilton, Sergeant Birkenhauer contacted the Ohio Highway Patrol and spoke with Sergeant Schultz to advise him of the ongoing investigation and the events which were expected to transpire at the Wendy’s restaurant in Northern Ohio. Sergeant Birkenhauer requested that the Ohio Highway Patrol assist with surveillance at the restaurant and Sergeant Schultz agreed to place an unmarked unit in the restaurant’s parking lot.

Chandler and Profitt left the Chandler/Hamilton residence in Profitt’s black Ford truck in the early evening on February 4, 2010, and were followed by members of the NKDSF as they proceeded to the Wendy’s restaurant parking lot just off Exit 125 in Northern Ohio. The truck remained in constant surveillance during the trip and made no other stops during the three hour drive. Shortly after Chandler and Profitt arrived and entered the restaurant, a black Oldsmobile Alero sedan drove into the parking lot and parked next to the black truck belonging to Profitt. Profitt stayed inside, but Chandler exited the restaurant, walked to the black Oldsmobile, opened the passenger-side door and entered the vehicle. Less than five minutes later, Chandler exited the sedan and returned to the restaurant. During this time, no one other than Chandler exited the sedan. After Chandler returned to the restaurant, the sedan left the parking lot and was followed by an unmarked Ohio Highway Patrol vehicle.

Within fifteen minutes, Chandler and Profitt returned to Profitt’s truck and headed south on Interstate 75 toward Kentucky. Birkenhauer testified that, based on his training and experience as well as surveillance and information that had been obtained throughout the investigation, he believed that a drug transaction had been completed in the restaurant parking lot. Further, he believed that the information initially supplied by Hamilton had been corroborated by the actions of Chandler and Profitt. As a result, Birkenhauer communicated this information to the Ohio Highway Patrol and requested assistance in stopping the black Oldsmobile.
* * *
Although Chandler and Profitt were not stopped initially, they remained under surveillance by the NKDSF agents. *423 Once Chander and Profitt were in Kentucky, agents requested that a marked cruiser (operated by Kenton County Officer Darrell Caldwell) assist with the traffic stop of Profitt’s vehicle. At the time of this stop, NKDSF agents were aware that the black Oldsmobile had been stopped and that a large amount of currency had been recovered from that vehicle. The government concedes that no traffic violations were observed concerning Profitt’s vehicle. Instead, the stop was made based solely on the request of NKDSF agents.
No display of force was made during the traffic stop of Profitt’s vehicle.

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Bluebook (online)
437 F. App'x 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-marcus-chandler-ca6-2011.