United States v. Andrew Cunningham, III
705 F. App'x 906
| 11th Cir. | 2017Background
- Deputies responded to reports of a broken window and gunshots in Indiantown, Florida involving Cunningham.
- Cunningham was later identified as the shooting victim at a hospital and his mother allowed a home search.
- Deputies found a weighted jacket with a firearm in Cunningham’s bedroom during a preliminary search; a warrant was obtained based on an affidavit.
- Cunningham was convicted of possession of a firearm by a felon and sentenced to 120 months; he appealed.
- The district court gave a modified Allen charge after the jury indicated it could not reach a verdict; the jury soon returned a guilty verdict.
- The motion to suppress was denied after finding consent voluntary and the warrant supported by probable cause; Rule 17(b) subpoena request was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allen charge coercion risk | Cunningham argues the modified Allen charge was coercive | Cunningham treats any Allen charge as coercive under circumstances | No abuse of discretion; charge proper under precedent |
| Voluntariness of consent | Consent obtained via deceit; not voluntary | Consent was voluntary under totality of circumstances | Consent voluntary; suppression denied on this basis |
| Probable cause for the warrant | Affidavit relied on unlawful consent search | Consent was voluntary, supporting probable cause; good-faith alternative | Warrant supported by probable cause; suppression upheld defendant's challenge rejected |
| Rule 17(b) subpoena denial | Judge who signed the warrant should be subpoenaed to attest authenticity | Subpoena necessary for adequate defense | District court did not abuse discretion; Rule 17(b) motion denied |
Key Cases Cited
- Allen v. United States, 164 U.S. 492 (1896) (rules governing Allen charge; standard for admissibility)
- United States v. Bush, 727 F.3d 1308 (11th Cir. 2013) (modified Allen charge approved in pattern instructions)
- United States v. Woodard, 531 F.3d 1352 (11th Cir. 2008) (abuse of discretion standard for Allen charge)
- Sanders v. United States, 415 F.2d 621 (5th Cir. 1969) (Allen charge–volunteered split not controlling on coercion)
- Payton v. New York, 445 U.S. 573 (1980) (home entry without warrant presumptively unreasonable)