United States v. Ulysses Robinson

352 F. App'x 27
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 9, 2009
Docket07-6190
StatusUnpublished
Cited by7 cases

This text of 352 F. App'x 27 (United States v. Ulysses Robinson) 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. Ulysses Robinson, 352 F. App'x 27 (6th Cir. 2009).

Opinions

WHITE, Circuit Judge.

A federal grand jury charged defendant Ulysees1 Robinson in a three-count indictment with possession with intent to distribute 5 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). The district court denied Robinson’s motion to suppress evidence seized pursuant to a search warrant. Following a jury trial, Robinson was convicted as charged, and sentenced to 360 months’ imprisonment (as a career offender). Robinson appeals the denial of his motion to suppress the search warrant. We AFFIRM.

I

After three uncontrolled buys during which the seller was followed by undercover agents to 1828 Norlil Road, Sevierville, Tennessee, police sought and obtained a search warrant for the residence at that address. Robinson, who was present when the search warrant was executed and who was charged based on items found during the search, moved to suppress the evidence seized pursuant to the warrant, asserting that the affidavit in support of the search warrant included false statements and omitted material facts, and that the affidavit failed to establish probable cause to believe that evidence of criminal activity would be found at the Norlil Road residence.

Following a suppression hearing, the magistrate judge recommended denial of Robinson’s motion to suppress, concluding that given the ongoing and continuous nature of the apparent criminal enterprise, more than a fail* probability existed that cocaine, contraband, marked money, or other evidence of criminal activity would likely be found at 1828 Norlil Road.

Robinson filed a notice of objection to the magistrate’s decision, but did not articulate a specific objection. The district court, while noting the absence of any specific objection by Robinson, stated that it nonetheless had reviewed the magis[29]*29trate’s report and recommendation de novo. The district court adopted the conclusions of the magistrate, overruled Robinson’s objections, and denied Robinson’s motion to suppress.

A

Preliminarily, the Government asserts that because Robinson failed to object specifically to the magistrate judge’s Report and Recommendation, his challenge to the denial of his suppression motion is unreviewable. Although this court has held that “[a] general objection to the entirety of the magistrate’s report has the same effects as would a failure to object[,]” Howard v. Sec’y of Health & Human Servs., 932 F.2d 505, 509 (6th Cir.1991), and the district court properly could have rejected Robinson’s arguments on this basis alone, as could we, because the district court chose to decide this issue on the merits, we will review it on the merits as well.

B

This court reviews a district court’s decision on a motion to suppress under two standards: factual findings are to be upheld unless clearly erroneous, and legal conclusions as to the existence of probable cause are reviewed de novo. United States v. Combs, 369 F.3d 925, 937 (6th Cir.2004). This court accords great deference to an issuing judge’s finding of probable cause in a search warrant application. United States v. Williams, 544 F.3d 683, 685 (6th Cir.2008). “[T]he duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed.” United States v. Laughton, 409 F.3d 744, 747 (6th Cir.2005) (quoting Illinois v. Gates, 462 U.S. 213, 238-239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)).

The Fourth Amendment states that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, .... ” U.S. Const. Amend. IV. Whether a warrant should issue, and the underlying question of whether probable cause has been established, are to be decided “by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.” Johnson v. United States, 333 U.S. 10, 14, 68 S.Ct. 367, 92 L.Ed. 436 (1948). The Supreme Court has established that a warrant must be upheld as long as the “magistrate had a ‘substantial basis for ... concluding that a search would uncover evidence of wrongdoing....” Illinois v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (internal citations omitted). In order to be able to properly determine whether probable cause exists sufficient to issue a warrant, the magistrate must be presented with an affidavit containing adequate supporting facts about the underlying circumstances, either from the direct knowledge of the affiant or from reliable hearsay information; bare conclusions are not enough. [United States v.] Weaver, 99 F.3d [1372,] 1377 [(6th Cir.1996).] “The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Gates, 462 U.S. at 238, 103 S.Ct. 2317. We apply this “totality of the circumstances” test to the affidavits presented in this case.

United States v. West, 520 F.3d 604, 609 (6th Cir.2008).

[30]*30Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), recognized a defendant’s right to challenge the sufficiency of an executed search warrant on the basis that “a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and ... the allegedly false statement is necessary to the finding of probable cause[.]” United States v. Atkin, 107 F.3d 1213, 1216 (6th Cir.1997) (quoting Franks, 438 U.S. at 155-56, 98 S.Ct. 2674).

However, under Franks, the defendant is entitled to an evidentiary hearing on the veracity of the statements in the affidavit
if and only if (1) there is a substantial preliminary showing that specified portions of the affiant’s averments are deliberately or recklessly false and

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352 F. App'x 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ulysses-robinson-ca6-2009.