United States v. Monell
2015 U.S. App. LEXIS 15634
1st Cir.2015Background
- Police executed a no-knock warrant (Feb. 16, 2012) at Apt. 4, 696 N. Main St., Fall River; officers found Ernesto Monell matching the informants' description and observed him place a handgun on a refrigerator. Seized: handgun, dismantled shotgun, ammo, 37 small bags of crack, scales, packaging materials, ID, gang photos, and phones.
- Two confidential informants (CI-1 with a proven track record; CI-2 unvetted) reported that a man called "Ness" (physical descriptions matching Monell) had been seen pointing a firearm and that rifles/shotguns were in the apartment.
- Detective Falandys obtained a warrant authorizing search for "illegally possessed" firearms and related evidence, based on informants and his experience; magistrate issued the warrant and officers executed it the same day.
- District court initially denied suppression for probable cause but later concluded the warrant lacked probable cause to search for illegal-possession evidence (no evidence Monell was prohibited from possessing firearms); nonetheless the court applied the good-faith exception and denied suppression.
- At trial Monell was convicted of being a felon in possession (18 U.S.C. § 922(g)(1)) and possession with intent to distribute cocaine base (21 U.S.C. § 841(a)(1)); he raised appellate challenges to the suppression ruling, a Batson juror-strike, admissibility of government expert testimony, conditional admission of rebuttal prison recordings, and sentence enhancements (obstruction and gang findings).
Issues
| Issue | Monell's Argument | Government's/Prosecutor's Argument | Held |
|---|---|---|---|
| Validity of warrant / suppression | Warrant lacked probable cause because affidavit described firearm use (assault) but warrant sought "illegally possessed" firearms; exclusionary rule should apply | Affidavit supplied probable cause of firearm-involved assault; any defect was a narrow/scrivener error and evidence admissible under Leon good-faith exception | Assuming the warrant was invalid, court applied good-faith exception and affirmed denial of suppression |
| Batson challenge to peremptory strike of Juror 19 | Strike was racially motivated; juror was only remaining African-American | Prosecutor offered race-neutral reason: juror hesitated and recounted a negative police encounter raising doubt about fairness | Trial court did not clearly err accepting prosecutor's facially neutral reason; Batson challenge fails |
| Admissibility of expert testimony (drug distribution) | Mercurio's testimony exceeded helpfulness (Rule 702) and impermissibly opined on intent (Rule 704(b)) — e.g., "No user would buy 37 $40 bags" | Testimony explained dealer practices (rental names, multiple phones, guns to protect product, barricade) and was helpful; statement was an economic observation, not direct opinion on mental state | District court did not abuse discretion admitting the expert; any Rule 704(b) issue not plain error |
| Conditional admission of prison recording as rebuttal / right to call witnesses | Court erred allowing government to admit prison recording as rebuttal if Monell called Nguyen; admission would be prejudicial and chill defense's right to present witnesses | Recording would be relevant rebuttal to Nguyen's anticipated testimony and fair for impeachment/rebuttal; court made conditional pretrial rulings | Appeal waived under Luce because Monell did not call Nguyen; speculative review inappropriate; claim not reached on merits |
Key Cases Cited
- United States v. Brunette, 256 F.3d 14 (1st Cir.) (standard of review for probable cause and good-faith determinations)
- United States v. Woodbury, 511 F.3d 93 (1st Cir.) (factual-findings clear-error standard)
- United States v. Schaefer, 87 F.3d 562 (1st Cir.) (informant reliability and corroboration)
- United States v. Joubert, 778 F.3d 247 (1st Cir.) (magistrate's substantial-basis test for probable cause)
- United States v. Feliz, 182 F.3d 82 (1st Cir.) (warrant must show nexus between crime and place/evidence)
- Illinois v. Gates, 462 U.S. 213 (U.S.) (probable cause standard and totality-of-the-circumstances)
- United States v. Beckett, 321 F.3d 26 (1st Cir.) (affirmance on Leon good-faith grounds)
- United States v. Leon, 468 U.S. 897 (U.S.) (good-faith exception to exclusionary rule)
- Herring v. United States, 555 U.S. 135 (U.S.) (exclusionary rule deters deliberate/reckless police conduct)
- Whren v. United States, 517 U.S. 806 (U.S.) (objective-probable-cause inquiry independent of officer's subjective intent)
- Miller-El v. Cockrell, 537 U.S. 322 (U.S.) (Batson framework)
- United States v. Girouard, 521 F.3d 110 (1st Cir.) (Batson burden and clear-error review)
- Snyder v. Louisiana, 552 U.S. 472 (U.S.) (trial-court assessment of prosecutor demeanor in Batson inquiry)
- Luce v. United States, 469 U.S. 38 (U.S.) (waiver when defendant elects not to introduce evidence and thus appellate review is speculative)
- United States v. Sebaggala, 256 F.3d 59 (1st Cir.) (abuse-of-discretion standard for expert-admission challenges)
- United States v. Hicks, 575 F.3d 130 (1st Cir.) (permitting testimony about typical dealer practices)
- United States v. Lopez-Lopez, 282 F.3d 1 (1st Cir.) (expert testimony about patterns of distribution)
- United States v. Duarte, 246 F.3d 56 (1st Cir.) (plain-error standard)
- United States v. Jimenez-Bencévi, 788 F.3d 7 (1st Cir.) (distinguishing compelled disclosures from conditional rulings)