United States v. Roderrick Vann

336 F. App'x 944
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 14, 2009
Docket08-16088
StatusUnpublished
Cited by2 cases

This text of 336 F. App'x 944 (United States v. Roderrick Vann) 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. Roderrick Vann, 336 F. App'x 944 (11th Cir. 2009).

Opinion

PER CURIAM:

After a jury trial, Roderrick Vann appeals his convictions for two counts of possession with intent to distribute at least five grams of crack cocaine found in his apartment, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) (Counts 1 and 2), and one count of possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e) (Count 3). After review, we affirm.

I. BACKGROUND

A. Arrest and Search

On April 24, 2007, two Palm Beach County Sheriffs deputies, Officer Lonney Moral and Officer Michael Murray, submitted an application for a search warrant and affidavit to a Palm Beach County Circuit Judge. In support of the application, the officers submitted an affidavit, which they both signed. The officers sought to search the premises and curtilage of apartment 5 at 605 North Federal Highway in Lake Worth, Florida.

According to the officers’ affidavit, a black male calling himself “Hot” resided at *946 the apartment. The officers averred that, on April 21, 2007, they personally observed Hot sell crack cocaine to a confidential informant (“Cl”) during two separate controlled buys conducted over a one-hour period. Specifically, the officers averred that, while each Cl was under constant surveillance, Hot exited apartment 5, approached the Cl and exchanged $20 for .2 grams of crack cocaine. After each transaction, the officers recovered the purchased crack cocaine from the Cl and confirmed the identity and weight of the drug throúgh field testing. In addition, during the one-hour period, Officer Moral observed three “hand-to-hand” transactions between Hot and unknown individuals.

On April 24, 2007, the judge issued the search warrant. On May 3, after observing Defendant Vann leave apartment 5 and ride as a passenger in a car driven by a woman, law enforcement officers conducted a traffic stop. In a search incident to Vann’s arrest, Officer Moral found a ten-dollar bill containing a piece of crack in the car’s ashtray. After Vann was given a Miranda warning, Vann said that the crack cocaine found in the car belonged to him.

Vann was taken by patrol car to apartment 5, where officers executed the search warrant. During the search, officers found a loaded handgun and two bags of crack cocaine, one in a bedroom dresser drawer along with a razor blade and a lighter and the other in the pocket of a jacket hanging in the bedroom closet. The two bags found in the apartment contained 27.9 and 12.7 grams of crack cocaine.

Later, during a recorded interview at the police station, Vann told Officer Moral that he sold crack cocaine because he had no other way to earn an income and that he traded crack cocaine for the handgun. Vann also indicated that he was the only person living in apartment 5, although his girlfriend dropped by occasionally.

B. Indictment

Vann was indicted on these four counts: (1) possession with intent to distribute at least five grams of cocaine base,- in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) (Count 1); (2) possession' with intent to distribute at least five grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) (Count 2); (3) possession of a firearm and ammunition by a person previously convicted of a crime punishable by more than one year of imprisonment, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e) (Count 3); and (4) possession of a firearm and ammunition during and in relation to a drug-trafficking crime — that is, the offenses charged in Counts 1 and 2 — in violation, of 18. U.S.C. § 924(c)(1)(A)© (Count 4), all occurring on or about May 3, 2007. Vann was not indicted for the controlled buys conducted on April 21, 2007 and described in the officers’ search warrant affidavit.

C. Motion to Suppress

Prior to trial, Vann filed a motion asking the district court to conduct an in camera hearing to determine whether the testimony of the government’s CIs might assist Vann at a suppression hearing and at trial. Vann argued that the search warrant affi-ants misidentified Vann as the individual who sold the CIs crack cocaine on April 21, 2007 and that the CIs might support this claim. Vann also filed motions in limine seeking to exclude: (1) evidence seized from his apartment because the search warrant was not supported by probable cause; and (2) evidence of the April 21, 2007 controlled buys. After a suppression hearing, the district court concluded that Vann had not met the threshold requirement for a Franks hearing and denied Vann’s motions to suppress and to disclose the identities of the CIs. In response, Vann acknowledged that his motion in li- *947 mine under Rule 404(b) had been resolved because the government stated that it did not intend to introduce evidence of the April 21 transactions.

D. Trial and Sentencing

Just before trial, Vann objected to the introduction of evidence of the crack cocaine found in his car because it was not charged in the indictment. He also objected to any mention of the search warrant because the jury would construe its existence as a “judicial stamp of approval.” The district court overruled Vann’s objection to the introduction of the crack cocaine found in the car, concluding that this evidence was “part of the offense or at least inextricably intertwined” with it. The district court sustained Vann’s objection to the admission of the search warrant, but overruled the objection to mentioning the warrant.

At trial, the government presented testimony from Officer Moral and two other law enforcement officers as to the controlled buys, Vann’s arrest, the search of apartment 5 and Vann’s subsequent confession. Several officers, including Officer Moral, testified that the amount of drugs found in Vann’s apartment indicated that he was a street-level dealer and, as such, the officers would not have expected to find sales records, such as a ledger, or scales during the search. Officer Moral also testified that, although they found a lighter, they found no other drug paraphernalia commonly used by crack cocaine users, such as a pipe.

The government presented testimony of Jeanette Marie Perr, a forensic chemist with the Drug Enforcement Administration. Perr stated that the two packages of crack cocaine found in Vann’s apartment weighed 12.3 grams and 26.1 grams.

Over Vann’s objection, the government also called as an expert witness Detective Dwayne Fernendes of the Delray Beach Police Department, an experienced narcotics investigator who had posed undercover as a drug distributor and drug purchaser.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Degaule
797 F. Supp. 2d 1332 (N.D. Georgia, 2011)
United States v. Acosta
807 F. Supp. 2d 1154 (N.D. Georgia, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
336 F. App'x 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-roderrick-vann-ca11-2009.