United States v. Booker Powell
732 F.3d 361
| 5th Cir. | 2013Background
- Powell and Akin were charged with conspiracy to possess crack cocaine with intent to distribute and possession with intent to distribute; they challenged suppression, Bruton, sufficiency, and sentencing issues; joint trial with many witnesses; Bracy tip led to stop and search of their vehicle; probable cause and a canine alert supported search and seizure; Akin challenged standing to suppress the cell phone; Brendon/ Richardson framework used for Bruton analysis; district court denied suppression and allowed evidence at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop and search justified by reasonable suspicion and probable cause? | Government: tip plus corroboration sustained suspicion; authorities acted within Terry. | Powell/Akin: stop/search lacked sufficient suspicion and/or probable cause. | Yes; tip plus corroboration supported reasonable suspicion and probable cause. |
| Did admission of Akin's out-of-court statements violate Bruton? | Powell: Bruton error; co-defendant statements improperly used. | Akin's statements did not facially implicate Powell; redacted/ Richardson analysis applicable. | Bruton error occurred in cross-examination but was harmless beyond a reasonable doubt given other evidence. |
| Did Akin have standing to challenge the cell phone search? | Powell: standing; | Akin abandoned the phone and lacked legitimate privacy interest. | Akin lacked standing; district court did not err in denying suppression. |
| Was the evidence legally sufficient to convict Akin? | Suppression issues tainted the evidence; if suppressed, insufficiency. | Evidence admitted; sufficient to prove elements. | Evidence legally sufficient; conviction sustained. |
| Was Powell correctly sentenced under § 3B1.4 for use of a minor and is the sentence reasonable? | Enhancement unjust; sentence excessive given youth/education efforts. | Enhancement proper; within-guidelines sentence presumptively reasonable. | § 3B1.4 enhancement affirmed; sentence within guidelines and reasonable. |
Key Cases Cited
- Alabama v. White, 496 U.S. 325 (1990) (reliable, specific informant tips may create reasonable suspicion)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality of circumstances; corroboration supports probable cause)
- Draper v. United States, 358 U.S. 307 (1959) (informant tip can establish probable cause)
- United States v. Caballes, 543 U.S. 405 (2005) (dog sniffs during traffic stops; not a search)
- Brendlin v. California, 551 U.S. 249 (2007) (passengers have standing to challenge stop; separate from searches)
- Richardson v. Marsh, 481 U.S. 200 (1987) (redacted co-defendant statements permissible if not facially implicating defendant)
- Vejar-Urias, 165 F.3d 337 (1999) (Bruton error when co-defendant statement directly implicates defendant)
- United States v. Zucco, 71 F.3d 188 (1995) (search of concealed areas with probable cause)
- Gates, 462 U.S. 213 (1983) (informant reliability and corroboration.)