441 F. App'x 776
2d Cir.2011Background
- Wright and Taylor were convicted of conspiracy to distribute 50 grams or more of crack cocaine in the Eastern District of New York.
- Wright was sentenced to 120 months; Taylor to 270 months in prison.
- Appellants challenged suppression of evidence from a warrantless glove-box search by Agent Hammonds.
- Taylor argued venue was improper in the Eastern District; Wright joined on appeal.
- The district court denied suppression and venue challenges; the Second Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the glove-box search was valid under plain view and automobile exceptions | Wright argued the search lacked probable cause for the baggies. | Taylor argued the search violated the warrant requirement and failed probable cause. | Probable cause supported search under totality-of-circumstances; plain view/automobile exceptions applicable. |
| Whether venue was properly established in the Eastern District | Government contends venue was established by coconspirator acts in the district. | Taylor asserted venue objections were preserved on appeal or waived for lack of objection. | Venue existed for conspiracy; sufficient evidence supported venue by a preponderance even if Pughe acquitted. |
| Whether the evidence sufficed to prove coconspirator status and venue-related acts | Pughe’s involvement can be inferred to satisfy venue by acts in the district. | Taylor contends insufficient showing tied to Pughe to sustain venue. | Evidence viewed in the government’s favor supported a finding by a preponderance that Pughe acted in furtherance of the conspiracy and venue was proper. |
Key Cases Cited
- Horton v. California, 496 U.S. 128 (1990) (plain view doctrine)
- Carroll v. United States, 267 U.S. 132 (1925) (automobile exception)
- United States v. Ross, 456 U.S. 798 (1982) (scope of automobile searches)
- Texas v. Brown, 460 U.S. 730 (1983) (probable cause standard)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances approach)
- Walczyk v. Rio, 496 F.3d 139 (2d Cir. 2007) (probable cause and credibility of testimony)
- United States v. Rosario, 638 F.2d 460 (2d Cir. 1980) (experience of narcotics investigators as factor in probable cause)
- United States v. Rosa, 17 F.3d 1531 (2d Cir. 1994) (venue may be established by acts in furtherance of conspiracy)
- United States v. Friedman, 998 F.2d 53 (2d Cir. 1993) (evidence in conspiracy context and venue considerations)
- United States v. Smith, 198 F.3d 377 (2d Cir. 1999) (conspiracy venue principles)
- United States v. Tzolov, 642 F.3d 314 (2d Cir. 2011) (government bears burden to prove venue by preponderance)
- United States v. Menendez, 612 F.2d 51 (2d Cir. 1979) (venue objections and preservation)
- United States v. Potamitis, 739 F.2d 784 (2d Cir. 1984) (general Rule 29 motion and waiver of objections)
- United States v. Price, 447 F.2d 23 (2d Cir. 1971) (waiver standards for venue objections)