496 F. App'x 287
4th Cir.2012Background
- Teran and Benitez conspired in Houston to murder-for-hire for $40,000; Benitez would be paid $5,000 and Teran supplied the gun.
- They traveled to Columbia, SC, checked into a hotel, and bought a distinctive green pickup with a white door.
- Jorge Ramos was killed in front of his trailer on November 2, 2008; witnesses saw Benitez near Ramos with a gun and the green-and-white truck fleeing.
- Benitez was arrested after police smelled marijuana in a stopped car and found a Beretta .380 pistol later linked to the Ramos murder; Teran was arrested days later.
- Post-Miranda, both defendants discussed the murder; Teran later showed complicity through letters and coded communications seeking to interfere with a potential witness.
- Teran admitted gang membership (MS-13) during contacts with a cellmate, and letters between Teran and Benitez referenced efforts to silence a witness; both defendants were later convicted on seven federal counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the gun search valid under the Fourth Amendment? | Benitez | Benitez | Search valid; probable cause existed from marijuana odor |
| Did redacted Benitez statement violate Confrontation Clause? | Teran | Teran | No violation; redaction permissible |
| Did the failure to investigate the cellphone owner violate Brady or due process? | Teran | Teran | No violation; defense could obtain records |
| Was Teran’s un-Mirandized MS-13 admission admissible under independent source doctrine? | Teran | Teran | Admissible; independent sources supported admission |
| Was there sufficient evidence to support Teran’s firearms convictions? | Teran | Teran | Sufficient evidence under multiple theories; affirming convictions |
Key Cases Cited
- United States v. Vankesteren, 553 F.3d 286 (4th Cir. 2009) (standard for reviewing factual and legal conclusions)
- United States v. Lighty, 616 F.3d 321 (4th Cir. 2010) (redacted co-defendant statements constitutional)
- United States v. Akinkoye, 185 F.3d 192 (4th Cir. 1999) (Confrontation Clause and redactions)
- United States v. Vogt, 910 F.2d 1184 (4th Cir. 1990) (evidentiary admissibility and witness identification)
- Arizona v. Youngblood, 488 U.S. 51 (1988) (police failure to test evidence; no due process violation absent bad faith)
- Nix v. Williams, 467 U.S. 431 (1984) (independent source doctrine for illegally obtained evidence)
- Patane, 542 U.S. 630 (2004) (Miranda rule and physical fruit of unlawfully obtained statements)
- Pinkerton v. United States, 328 U.S. 640 (1946) (liability of co-conspirators for conspiratorial acts)
- Howes v. Fields, 132 S. Ct. 1181 (2012) (custody definitions for Miranda applicability)