United States v. Stotler

591 F.3d 935, 2010 U.S. App. LEXIS 878, 2010 WL 114928
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 14, 2010
Docket08-4258
StatusPublished
Cited by22 cases

This text of 591 F.3d 935 (United States v. Stotler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Stotler, 591 F.3d 935, 2010 U.S. App. LEXIS 878, 2010 WL 114928 (7th Cir. 2010).

Opinions

EVANS, Circuit Judge.

After a short jury trial, John Stotler was found guilty on two counts: attempted possession of a listed chemical — pseudoephedrine — with intent to manufacture methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(c)(1), and possession of methamphetamine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). He was sentenced to a term of 110 months. On this appeal, Stotler argues that the district court erred when it denied his pretrial motion to suppress evidence seized from a search of his truck and when it allowed the government to put some Rule 404(b) evidence before the jury. We start with the facts.

Beginning in 2006, law enforcement officers in the area of Quincy, Illinois, had information regarding Stotler’s involvement in the manufacture of methamphetamine. They knew that in 1999 he was convicted in California of manufacturing methamphetamine. Also, in early 2006, officers responded to a report of shots fired at Stotler’s residence. After arriving at his home, officers observed several items known to be used in the methamphetamine-making business: over 100 pseudoephedrine pills hidden in an oven, a scale, lithium batteries, sulfuric acid, salt, and one gallon of Coleman camping fuel. They also found glass vials containing methamphetamine residue.

With this information, law enforcement tabbed Stotler as a meth-maker-dealer— and they kept their eyes on him. When the heat is on, most people curtail, or at least slow down, their illegal activity. But Stotler decided to put another item in law enforcement’s growing basket of evidence against him. He opted to purchase enough pseudoephedrine (the number one ingredient necessary for making meth) to choke a horse.

Illinois law prohibits a person from purchasing more than a small amount of pseudoephedrine during any 30-day period without a prescription. In addition, federal law prohibited possessing any amount of pseudoephedrine with the intent to use it for making methamphetamine. To comply with state law, over-the-counter distributors of pseudoephedrine are required to [938]*938document their sales to individual customers. This documentation includes a requirement that the customer produce a photo ID and provide personal information when making a purchase of pseudoephedrine.

During a less-than-30-day period between April and May 2006, Stotler purchased more than the maximum amount of pseudoephedrine permitted under Illinois law. Specifically, on April 19, 2006, he purchased 2,400 milligrams of pseudoephedrine from a Wal-Mart store, and on May 15 and May 17 he purchased 2,400 milligrams and 2,880 milligrams of pseudoephedrine from two Walgreens stores. The Walgreens stores and the Wal-Mart were located in the Quincy area.

On August 15, 2006, an Illinois state judge issued an arrest warrant for Stotler charging him with possessing an excessive amount of pseudoephedrine. The warrant remained outstanding as of April 20, 2007. All this information was in law enforcement’s basket when a chap named Michael Childress got involved in the case.

On April 19, Childress was acting as a confidential source for law enforcement officers. He advised an officer that he was in contact with Stotler and that Stotler wanted to purchase pseudoephedrine. The officer instructed Childress to tell Stotler that he (Childress) had 1,500 pills available for sale at a price of $600. Later that day, Childress told the officer that he had talked with Stotler, who said he would buy the pills. According to Childress, Stotler said he would be at Childress’s home in Quincy the following day to do the deal. At that time, Stotler lived some 35 miles outside of Quincy.

With this information, officers made arrangements to have Childress sell pseudoephedrine to Stotler. The next day, April 20, officers met with Childress at his residence and gave him 1,500 pseudoephedrine pills. Childress was instructed to sell the pills for $600 and to contact officers by phone after the deal went down. Officers then maintained surveillance of Childress’s residence while waiting for Stotler to arrive.

Just as Childress said, Stotler arrived at the appointed time and place in a GMC pickup truck that afternoon. One officer observed Stotler and Childress meeting and talking outside the residence. Shortly thereafter, officers saw Stotler return to his pickup and start to leave. He was then stopped by officers within 100 feet of Childress’s house.

After getting out of the truck, Stotler was directed by officers to put his hands above his head, but he refused. An officer then pinned him against the truck, advised him of the outstanding arrest warrant, and directed him to place his hands behind his back. Stotler again refused. He was then forced to the ground and handcuffed.

During a search of his person, officers seized $600 from his right front pocket and $250 from his left front pocket. They also searched the cab of Stotler’s truck and seized a plastic baggie containing Hydrocodone pills (a controlled substance) from inside the glove compartment. Officers then searched the bed of the truck where they found a paint gun bearing Stotler’s initials. Inside the gun were two plastic baggies containing approximately 8 grams of methamphetamine and one baggie containing a powdery substance labeled as “cut,” an apparent reference to a common substance used in the distribution of narcotics. Finally, officers seized a small bag, located near the paint gun, that contained a digital scale. These events led to the charges against Stotler in federal court.

Once charged, Stotler filed a motion to suppress the evidence obtained from the search of his pickup truck. Following an [939]*939evidentiary hearing, a magistrate judge recommended that the motion be denied. In his recommendation, the judge concluded that the search of the truck was valid based on the existence of probable cause at the time Stotler arrived at Childress’s residence and, alternatively, that the evidence seized during a search of the cab of the truck as incident to the defendant’s arrest provided probable cause to search the bed of the truck.

The district judge adopted the magistrate judge’s recommendation and denied the motion. Her only disagreement with the magistrate was that she concluded that probable cause existed to search the truck when Stotler drove away from Childress’s residence, not when he initially arrived on the scene.

Stotler relies, for the most part, on Arizona v. Gant, — U.S.-, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), which was decided 10 months after he went to trial. He says Gant supports his argument that the evidence seized from his pickup truck should have been suppressed.

In Gant, the defendant (Rodney Gant) was arrested for driving with a suspended license. He was handcuffed and locked in the back of a patrol car. Police officers then searched his car and discovered cocaine in the pocket of a jacket on the back seat. Because Gant did not have access to his car to retrieve weapons or evidence at the time of the search, the Supreme Court held that the search-incident-to-arrest exception to the Fourth Amendment’s warrant requirement, as defined in Chimel v. California,

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Cite This Page — Counsel Stack

Bluebook (online)
591 F.3d 935, 2010 U.S. App. LEXIS 878, 2010 WL 114928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-stotler-ca7-2010.