United States v. Gabriel Andres
2013 U.S. App. LEXIS 143
| 5th Cir. | 2013Background
- Andres was convicted in bench trial for conspiracy to possess with intent to distribute over five kilograms of cocaine, following suppression ruling on evidence obtained during a traffic stop and GPS tracking.
- Investigation centered on Figueroa Nava; agents used surveillance, wiretaps, and GPS on a red truck from Laredo toward Chicago.
- Truck was linked to Dominguez and Andres; GPS tracked movement after December 12–14, 2009, culminating in a traffic stop on I-55 near Chicago.
- During the stop, a border-patrol style encounter led to a consent search with a drug-sniffing dog, yielding over twenty kilograms of cocaine in a hidden compartment.
- Andres challenged suppression, asserting lack of probable cause for the stop, and argued GPS tracking violated the Fourth Amendment; the district court denied suppression.
- At sentencing, the district court applied a two-point enhancement under § 3B1.4 for using a minor to commit the offense; Andres contested the enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop valid at inception and its scope proper? | Andres argues the stop lacked probable cause and exceeded scope, invalidating evidence. | Andres contends ongoing questioning/dog search were beyond the traffic-stop purpose. | Stop justified; continued detention supported by additional reasonable suspicion; search upheld. |
| Was the GPS monitoring unreasonable under the Fourth Amendment (fruit of the poisonous tree)? | GPS installation/search violated rights and tainted evidence. | Even if error, evidence should not be suppressed due to reasonable reliance on precedent. | Plain-error review applied; admissibility upheld because officers reasonably relied on binding circuit precedent. |
| Whether § 3B1.4 'Using a Minor to Commit a Crime' enhancement was properly applied? | Minor's presence alone isn’t affirmative involvement; no act by Andres to involve minor. | Driving a truck with a minor from Laredo to Chicago constitutes affirmative act involving a minor. | Affirmative acts found; enhancement properly applied. |
Key Cases Cited
- United States v. Lopez-Moreno, 420 F.3d 420 (5th Cir. 2005) (two-step Terry framework for traffic stops)
- United States v. Macias, 658 F.3d 509 (5th Cir. 2011) (standard for stop duration and related scope)
- United States v. Brigham, 382 F.3d 500 (5th Cir. 2004) (detention permissible for reasonable suspicion during stop)
- United States v. Pack, 612 F.3d 341 (5th Cir. 2010) (reasonable suspicion may justify continued detention)
- United States v. Mata, 624 F.3d 170 (5th Cir. 2010) (affirmative action necessary to implicate a minor in offense)
- United States v. Jones, 132 S. Ct. 945 (S. Ct. 2012) (GPS tracking constitutes a search)
- United States v. Michael, 645 F.2d 252 (5th Cir. 1981) (reasonable suspicion supports warrantless beeper installation)
- Davis v. United States, 131 S. Ct. 2419 (S. Ct. 2011) (reasonable reliance on binding precedent not subject to exclusionary rule)
- Puckett v. United States, 556 U.S. 129 (S. Ct. 2009) (plain-error standard for appellate review)
- United States v. Escalante-Reyes, 689 F.3d 415 (5th Cir. 2012) (en banc treatment of plain error factors)