United States v. Rodney Mazzulla
932 F.3d 1091
| 8th Cir. | 2019Background
- In 2015 police encountered Mazzulla, found 3.1 g meth in his car, and he admitted selling meth to employees, but was not indicted then.
- In April 2017 Officer Gratz investigated tips linking Shawndell Burke, Troy Utley, and Mazzulla to trafficking; Utley and another witness tied Mazzulla to a garage at 1421 S. Folsom St. (the “Folsom St. garage”).
- Officers executed a warrant at the garage (April 2) and found a camper inside containing ~49 g meth, a pistol, and paraphernalia; Mazzulla was arrested. Subsequent searches (April 22 and of Burke’s residence) yielded larger meth quantities.
- Mazzulla was indicted on multiple counts for conspiracy and possession/distribution of meth and a § 924(c) firearm count; he moved to suppress both Folsom St. searches and sought a Franks hearing and other pretrial relief.
- The magistrate and district courts denied suppression, declined a Franks hearing, refused in camera review of Officer Gratz’s personnel file, admitted certain testimony over Rule 403 objections, and refused a lesser-included simple-possession instruction.
- A jury convicted Mazzulla on Counts I, II, and V; the Eighth Circuit affirmed, rejecting challenges to probable cause, Franks, Brady/Giglio in camera review, evidentiary rulings, lesser-included instruction, and sufficiency of the evidence.
Issues
| Issue | Mazzulla’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Probable cause for April 2 warrant / nexus to garage | Affidavit lacked sufficient facts tying contraband to 1421 S. Folsom St. | Tips, Utley/Scov statements, surveillance, and Officer investigation provided a common-sense nexus | Affidavit provided a substantial basis for probable cause; warrant valid |
| Need for separate warrant for camper inside garage | Camper was Mazzulla’s separate residence and required its own warrant | Camper was not noticeably separate; was inside garage and part of the searched space | Camper was not separate; covered by the garage warrant |
| Franks hearing (alleged false/misleading affidavit statements) | Gratz misstated that Burke was "living" at both addresses; omitted material facts—warrant relied on those inaccuracies | Any misleading language was immaterial; statements not shown to be intentionally/recklessly false or necessary to probable cause | Denial of Franks hearing proper; defendant failed to make required substantial preliminary showing |
| In camera review of Officer Gratz’s personnel file (Brady/Giglio) | Prior lawsuits and Gratz’s termination suggest personnel file likely contains impeachment or exculpatory info | Government reviewed file and reported no Giglio material; defendant’s claim was speculative | Denial not an abuse of discretion; speculative showing insufficient to compel review |
| Admission of testimony about physical altercation (Rule 403) | Testimony was prejudicial "bad act" evidence unrelated to drugs | Testimony was relevant to conspiracy control and protecting drug operation; admissible under Rule 403 | District court did not abuse discretion admitting the testimony |
| Lesser-included simple-possession instruction | Evidence could support conviction for simple possession on Count II | Evidence (amount, baggies, scale, money, witnesses) showed intent to distribute | Court properly denied instruction; abundant distribution evidence |
| Sufficiency of evidence for convictions | Government’s witnesses were unreliable; case was disjointed | Multiple witnesses, seized meth, paraphernalia, and Mazzulla’s own admissions support convictions | Convictions supported; evidence sufficient when viewed in government’s favor |
Key Cases Cited
- United States v. Holleman, 743 F.3d 1152 (8th Cir.) (automobile exception analysis for mobile living units)
- United States v. Brackett, 846 F.3d 987 (8th Cir.) (probable-cause/warrant affidavit standard)
- United States v. Seidel, 677 F.3d 334 (8th Cir.) (common-sense reading of affidavit)
- United States v. Pennington, 287 F.3d 739 (8th Cir.) (warrant covering structures not noticeably separate)
- United States v. Schroeder, 129 F.3d 439 (8th Cir.) (separation of structures in Fourth Amendment analysis)
- California v. Carney, 471 U.S. 386 (U.S. 1985) (vehicle/ motor home warrantless-search considerations)
- Murray v. United States, 487 U.S. 533 (U.S. 1988) (independent source doctrine limits)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (standard for a hearing on alleged false statements in warrant affidavits)
- United States v. King, 898 F.3d 797 (8th Cir.) (deference to district court Rule 403 rulings in conspiracy trials)
- United States v. Ponce, 703 F.3d 1129 (8th Cir.) (quantity and paraphernalia as evidence of intent to distribute)
- United States v. Milk, 281 F.3d 762 (8th Cir.) (overwhelming distribution evidence supports intent to distribute)
- United States v. Gonzalez, 781 F.3d 422 (8th Cir.) (standard of review for denial of Franks hearing)
- United States v. Lewis, 895 F.3d 1004 (8th Cir.) (sufficiency-of-evidence review standard)