United States v. Joseph
0:17-cr-60302
| S.D. Fla. | Jun 3, 2020Background
- Defendant Guerby Joseph was sentenced on Dec. 10, 2018 to five years probation after convictions for dispensing oxycodone; the Second Superseding Petition alleged nine probation violations occurring Feb. 19, Mar. 13 and Apr. 21, 2020. An evidentiary hearing was held by video on May 22 and 28, 2020.
- Feb. 19, 2020: Casino security issued a 24-hour no-trespass order; later Joseph was in a Mercedes in the casino garage, an officer attempted a traffic stop (lights then siren), pursuit lasted ~30–40 seconds and Joseph did not stop until another squad blocked him; he lacked a valid license.
- Mar. 13, 2020: Probation officer received reports Joseph had moved from his listed boarding-house address; Joseph missed a scheduled meeting, claimed to be on a train but his iPhone location indicated otherwise.
- Apr. 21, 2020: Deputy observed short-duration passenger visits to a vehicle in a hotel parking lot; at a subsequent stop Joseph admitted smoking marijuana, officer smelled marijuana, found marijuana residue, cash in the driver door, and four pills in the car; lab testing showed pills contained fentanyl.
- The magistrate found the Government proved all nine violations by a preponderance of the evidence and recommended the District Judge adopt the findings; parties have 14 days to object.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Feb. 19: fleeing & eluding; driving w/ suspended license; trespass | Officer followed marked unit with lights/siren; defendant did not stop until blocked; re-entered casino garage after no-trespass order; lacked license | Pursuit was brief (~30s) and defendant was not formally charged for fleeing; believed garage was not re-entry into main casino | All three violations proven: fleeing & eluding, driving with suspended license, and re-entry/trespass proven by preponderance |
| Mar. 13: failure to notify change of residence; fail location monitoring/approved schedule; fail to report | Probation officer showed Joseph moved between addresses, missed scheduled meeting, and phone location contradicted defendant's train claim | Joseph said he did not change residence and had transportation problems causing lateness | Violations proven: failed to notify of residence change, failed to abide schedule, failed to report to PO |
| Apr. 21: possession of controlled substance (pill containing fentanyl), possession of marijuana, frequenting drug-distribution area | Deputy observed marijuana smoke/smell, defendant admitted smoking; pills located in areas defendant reached and near driver seat; cash found; lab confirmed fentanyl; conduct mirrors underlying offense | Pills or smoking could have been by other individuals who entered the car; no evidence defendant knew the hotel was a drug area | Violations proven: possession of controlled substance (fentanyl pills), marijuana possession, and frequenting a drug-distribution location |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (1985) (magistrate report objection and de novo review framework)
- Henley v. Johnson, 885 F.2d 790 (11th Cir. 1989) (failure to timely object to magistrate judge report limits review)