United States v. Roberto Rodriguez
2013 U.S. App. LEXIS 6787
| 8th Cir. | 2013Background
- Rodriguez was stopped for a December 7, 2009 traffic violation; he admitted a handgun and meth pipe were in the car, and a positive meth test led to his arrest.
- A February 1, 2010 SWAT raid on Rodriguez’s home yielded methamphetamine, guns, a scale, pipes, and a drug ledger.
- A six-count indictment followed, charging conspiracy to distribute meth, felon in possession of firearms, and related offenses; Count 5 was later dropped at trial.
- Rodriguez moved to suppress several statements and searches; the magistrate judge recommended denial, which the district court adopted after a de novo review.
- At trial, the government’s case relied on agents’ testimony and cooperating witnesses; Rodriguez did not present a defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miranda custody during traffic stop | Rodriguez was in custody when asked to exit the vehicle. | Statements should be suppressed as custodial interrogation. | No custody for Miranda purposes during roadside exit. |
| Search incident to arrest vs. automobile exception | Car search was improper under Gant. | Search justified by automobile exception once probable cause existed. | Probable cause supported the car search under the automobile exception. |
| Probable cause for home search warrant | Affidavit failed to show probable cause; firearms not listed in warrant. | Two informants plus corroboration established probable cause; plain-view seizure of firearms was proper. | Probable cause existed; firearms seizure under plain view was proper. |
| Sufficiency of evidence for Counts 2 and 4 | California burglary conviction was not proven to exceed one year. | Need only prove at least one theory; the jury found both felon and user theories for each count. | Evidence supported the user-of-controlled-substance theory; verdicts affirmed. |
| Sentencing: drug quantity and criminal history | District court erred on drug quantity and certain criminal-history points. | Questions about credibility of witnesses and PSR data undermine the findings. | Drug quantity affirmed; two-point stolen-gun enhancement deemed harmless; specific criminal-history findings sustained. |
Key Cases Cited
- Berkemer v. McCarty, 468 U.S. 420 (U.S. (1984)) (roadside questioning akin to Terry stop; custody requires arrest)
- Rodriguez-Arreola v. United States, 270 F.3d 611 (8th Cir. 2001) (Miranda applicability at traffic stops; Terry stop framework)
- United States v. Solomon, 432 F.3d 824 (8th Cir. 2005) (probable cause is totality-of-circumstances; informant reliability relevant)
- United States v. Nichols, 344 F.3d 793 (8th Cir. 2003) (plain view seizure; access and incriminating nature exigent)
- Griffin v. United States, 502 U.S. 46 (U.S. (1991)) (convictions on conjunctive counts; sufficiency on any theory suffices)
- United States v. Turner, 603 F.3d 468 (8th Cir. 2010) (clear error standard for drug quantity findings)
- United States v. Septon, 557 F.3d 934 (8th Cir. 2009) (guidelines enhancement decisions; de novo review vs. clear error)
- United States v. Oaks, 606 F.3d 530 (8th Cir. 2010) (PSR factual findings; objections govern reliability)
- United States v. Sorrells, 432 F.3d 836 (8th Cir. 2005) (PSR objections; specificity required)
- United States v. Stobaugh, 420 F.3d 796 (8th Cir. 2005) (reliability of documentary sentencing materials)
- United States v. Susel, 429 F.3d 782 (8th Cir. 2005) (harmless error when highest offense level unaffected)
- United States v. Mack, 343 F.3d 929 (8th Cir. 2003) (unlawful user need only show use during possession period)
- United States v. Turner, 603 F.3d 468 (8th Cir. 2010) (preponderance standard for quantity; clear error review)