United States v. Pierre Bell

477 F.3d 607, 2007 U.S. App. LEXIS 3738, 2007 WL 517746
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 21, 2007
Docket06-2802
StatusPublished
Cited by53 cases

This text of 477 F.3d 607 (United States v. Pierre Bell) 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. Pierre Bell, 477 F.3d 607, 2007 U.S. App. LEXIS 3738, 2007 WL 517746 (8th Cir. 2007).

Opinion

MELLOY, Circuit Judge.

Pierre Bell was charged with possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1); possession of a firearm after being convicted of a *610 felony in violation of 18 U.S.C. § 922(g)(1); and possession of a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c). Bell moved to suppress statements he made to law enforcement officers, alleging his statements were involuntary. The district court denied Bell’s motion, and the case proceeded to trial. A jury found Bell guilty of all three offenses.

In determining the appropriate advisory Guidelines sentencing range for Bell, the district court declined to group Bell’s felon in possession and drug trafficking offenses, resulting in a one-level increase in his offense level. Bell was sentenced to 144 months of imprisonment for the drug offense and 120 months of imprisonment for the felon in possession count, with these terms to be served concurrently. The court sentenced Bell to a consecutive term of 60 months on the other firearm offense, as required by § 924(c).

Bell raises three issues on appeal. First, Bell appeals the district court’s denial of his motion to suppress. Second, Bell asserts there was insufficient evidence to support the jury’s verdicts of guilty. Third, Bell challenges the district court’s failure to group two of his three offenses in determining his advisory Guidelines range. For the reasons stated below, we affirm the district court’s denial of Bell’s motion to suppress and affirm the convictions. We remand, however, for resen-tencing in accordance with this opinion.

I. Background

On November 4, 2004, members of the Pine Bluff Police Department and the TriCounty Drug Task Force executed a search warrant at 309 East 21st Street in Pine Bluff, Arkansas. Bell was present, as were the residence’s occupants: Reecie Humphrey and her children. When officers entered the home, they found Bell and Humphrey in bed. Officers located a revolver between the mattresses on Bell’s side of the bed. A pair of pants lay on the bedroom floor. In the pants pocket officers found a wallet containing Bell’s identification, approximately seven grams of crack cocaine, a key ring with a key to the house, and over $300 in currency. In the same room, officers found a small amount of marijuana and a pill bottle containing powder cocaine. Officers arrested Bell and Humphrey; both Bell and Humphrey made statements to law enforcement officers. The instant federal charges against Bell followed.

Bell moved to suppress his statement, alleging it was involuntary. At a suppression hearing on January 12, 2006, the government and Bell presented contrasting accounts of the execution of the search warrant. The government presented testimony from officers involved in the search. The officers testified that as they entered the bedroom occupied by Bell and Humphrey, they saw Bell slide to the floor and reach towards the bed as though he was trying to retrieve something. The revolver was discovered in the area where Bell had reached.

Bell and Humphrey were naked when the officers entered the bedroom; they were allowed to don clothing. Officers arrested both Bell and Humphrey and seated them in the living room. Eventually, Officer Oscar Bullard removed Humphrey to a pantry-type room, where Humphrey provided a written statement. In her statement, Humphrey said the drugs and the gun found during the search were Bell’s. She stated Bell brought those items to her house early that morning.

After Humphrey gave her statement, Officer William Roulhac interviewed Bell in the kitchen. Officer Roulhac testified he provided Bell with his Miranda rights and Bell agreed to speak with him. Bell *611 admitted the seized crack cocaine belonged to him. He also admitted the gun was his, providing a description of the firearm consistent with its appearance. Bell began to write a statement, using his own words. Bell wrote “the work that was in the girls house is mine.” When Officer Roulhac asked about the meaning of “work,” Bell explained work is the equivalent of crack, selling crack. Officer Roulhac felt future readers of the statement might not understand the vernacular Bell used, so he stopped Bell from completing his statement and began writing one for him. Officer Roulhac testified Bell agreed to allow Officer Roulhac to write for him. Bell reviewed and signed the completed statement. Among other things, the statement acknowledges the gun and the crack found in the house belong to Bell.

Humphrey testified at the suppression hearing that her written statement was false. She alleged a police officer told her to say all of the items were Bell’s and threatened the removal of her children if she failed to cooperate. She testified officers threatened and assaulted Bell. She stated the seized revolver was hers and she lied about the ownership of the gun because she was afraid she would lose her housing-assistance payments if she told the truth about the gun.

Bell also testified at the suppression hearing. He testified officers held a machine gun to his head after they found him naked in bed. He claimed officers assaulted him and threatened him with a taser gun. He stated he asked to talk to his lawyer, but his request was ignored. He testified he scribbled his name on the statement written by Officer Roulhac only after these alleged transgressions. He denied the statement was true.

The district court credited the officers’ testimony “in all material particulars.” The court found Bell was provided with a written Miranda warning. It concluded Officer Roulhac read the written statement he drafted to Bell, Bell did not object to the statement, and Bell signed the statement. “Based on the entire record,” the court concluded Bell’s statement was voluntarily made after an intelligent and knowing waiver of his Miranda rights. The court did not credit the testimony of Bell or Humphrey.

Bell proceeded to trial. At trial, in addition to the evidence presented at the suppression hearing, the government presented expert testimony regarding the drugs seized and the relationship between drugs and guns. Arkansas State Police Sergeant Don Sanders testified that the amount of crack cocaine found in Bell’s pants pocket was consistent with sale or distribution, not personal use. He further testified drug dealers commonly possess firearms to protect themselves, their illegal goods, and their illegal proceeds.

Humphrey testified for the defense. As at the suppression hearing, Humphrey testified her prior statement, which was introduced into evidence during the government’s case in chief, was false. Her testimony conflicted with that presented by the government in many respects. For example, she testified Bell did not slide to the floor as the officers entered the room. She claimed ownership of the gun and denied Bell knew it was in the home. The jury found Bell guilty of all counts.

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Cite This Page — Counsel Stack

Bluebook (online)
477 F.3d 607, 2007 U.S. App. LEXIS 3738, 2007 WL 517746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pierre-bell-ca8-2007.