United States v. Bass
2011 U.S. App. LEXIS 23498
| 10th Cir. | 2011Background
- Police surveilled Bass's trailer after a tip and arrested him for meth paraphernalia found in his vehicle.
- Ramsey, Bass's girlfriend, participated in a later encounter and spoke with officers at the trailer.
- Officers sought to search the entire trailer; Ramsey orally consented after initially being reluctant and later cooperating.
- A written consent form was signed after the search began; officers expanded the search based on Ramsey's information.
- A black zipper bag in the living room contained a revolver; Ramsey stated firearms were stored in a neighbor's shed.
- The neighbor's shed contained two rifles; the district court allowed the revolver evidence and convicted Bass on Count One.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Ramsey's consent | Ramsey's consent was voluntary and had apparent authority. | Consent was involuntary and Ramsey lacked authority to search the bag. | Voluntary consent and apparent authority were established. |
| Authority to consent to the bag search | Ramsey had common authority over the premises and therefore could consent to the bag. | Ramsey lacked authority to consent to the bag's search. | Ramsey had apparent authority; consent to the bag was valid. |
| Enhanced sentence based on acquitted conduct | Judicial fact-finding may rely on acquitted conduct for guideline enhancements. | Using acquitted conduct violates the Sixth Amendment. | No Sixth Amendment violation; districts may base enhancements on acquitted conduct under advisory Guidelines. |
| Sufficiency of the evidence | Evidence including Ramsey's testimony supports the firearm conviction. | Credibility issues with Ramsey undermine the evidence. | Evidence viewed in government's favor supported conviction. |
Key Cases Cited
- United States v. Matlock, 415 U.S. 164 (1974) (common authority standard for consent)
- Rodriguez v. United States, 497 U.S. 177 (1990) (apparent authority in third-party consent)
- Frazier v. Cupp, 394 U.S. 731 (1969) (limits on metaphysical boundaries of authority)
- White v. United States, 444 F.2d 724 (10th Cir. 1971) (girlfriend authority to consent to room/bag search)
- United States v. Salinas-Cano, 959 F.2d 861 (10th Cir. 1992) (lessor lacking authority to search guest's belongings)
- United States v. Watts, 519 U.S. 148 (1997) (sentencing based on acquitted conduct not against double jeopardy)
- Rita v. United States, 551 U.S. 338 (2007) (Sixth Amendment not violated by advisory guidelines sentencing)
- United States v. Magallanez, 408 F.3d 672 (10th Cir. 2005) (preponderance standard in sentencing facts under advisory Guidelines)
- United States v. Parada, 577 F.3d 1275 (10th Cir. 2009) (sufficiency review and credibility considerations)