United States v. Battle
2011 U.S. App. LEXIS 4012
| 1st Cir. | 2011Background
- Battle was charged with two counts of felon in possession and one count of cocaine distribution.
- Evidence was seized after a warrantless entry into Fonseca's apartment and later a search with a warrant.
- Rosa, who had key access and paid rent, alerted police about the gun found in the apartment.
- Police obtained a search warrant referencing the gun; subsequent searches uncovered additional items (drugs, cash, weapons, etc.).
- Battle moved to suppress the seized items; the district court denied suppression, ruling Battle lacked standing in Fonseca's apartment and that consent/plain view justified the seizure.
- Battle pled guilty with reservation to appeal the suppression denial and challenged the sentence; the district court subsequently imposed a 76-month term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Battle had a reasonable expectation of privacy in Fonseca's apartment. | Battle argues he had privacy interest due to relationship and access. | Battle contends Rosa's consent and his lingering occupancy shield him. | No reasonable expectation of privacy; suppression affirmed avoided. |
| Whether the district court erred in sentencing Battle within the Guidelines range. | Battle contends the criminal history points overstate his record and warranted departure. | Battle argues for downward departure and non-departure due to miscalculated points. | Sentence within guidelines; no reversible error; reasonableness affirmed. |
Key Cases Cited
- United States v. Rheault, 561 F.3d 55 (1st Cir. 2009) (two-part standing test for privacy interests)
- Minnesota v. Olson, 495 U.S. 91 (U.S. 1990) (overnight guest may have privacy interest)
- United States v. McCarthy, 77 F.3d 522 (1st Cir. 1996) (permission to be present governs privacy interest)
- United States v. Lnu, 544 F.3d 361 (1st Cir. 2008) (no legitimate privacy interest in storage lockers without permission)
- United States v. Meléndez-Torres, 420 F.3d 45 (1st Cir. 2005) (review of discretionary departure decisions)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (reasonableness review of sentences under Booker)
- United States v. Anonymous, 629 F.3d 68 (1st Cir. 2010) (reasonableness review applies to departures and non-departures)
- United States v. Rheault, 561 F.3d 55 (1st Cir. 2009) (standing and privacy considerations in searches)