United States v. Trancheff
2011 U.S. App. LEXIS 2913
8th Cir.2011Background
- Trancheff was convicted of possession with intent to distribute five kilograms or more of cocaine and sentenced to 188 months’ imprisonment.
- Officer stopped Trancheff for failure to yield and obtained consent to search; cocaine was found.
- Indictment charged possession with intent to distribute five kilograms or more of cocaine; pretrial schedule extended; Trancheff absconded.
- Trancheff was located in Bulgaria four years later and extradited to Nebraska; new counsel appointed in 2009; trial scheduled for January 2010.
- Trancheff moved to extend pretrial motion deadline and to suppress evidence; district court denied extensions and suppression as untimely; trial occurred with conviction.
- On appeal, issues included waiver under Rule 12(e), suppression/limine rulings, and ineffective assistance arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion by denying extension for pretrial motions. | Trancheff | Trancheff | No abuse; waiver appropriate absent good cause. |
| Whether the district court abused discretion by denying the suppression motion as untimely. | Trancheff | Trancheff | No abuse; untimely to raise suppression. |
| Whether the in limine denial was proper given it was tied to suppression issues. | Trancheff | Trancheff | No abuse; in limine untimely and not preservable. |
| Whether ineffective assistance of counsel claims are reviewable on direct appeal. | Trancheff | Trancheff | Not reviewable on direct appeal. |
Key Cases Cited
- United States v. Salgado-Campos, 442 F.3d 684 (8th Cir. 2006) (waiver of pretrial-motion issues unless good cause shown)
- United States v. Parish, 606 F.3d 480 (8th Cir. 2010) (review of evidentiary rulings for abuse of discretion)
- United States v. Mangine, 302 F.3d 819 (8th Cir. 2002) (timeliness of motions to suppress and preservation of issues)
- United States v. Hernandez, 281 F.3d 746 (8th Cir. 2002) (ineffective assistance claims not reviewed on direct appeal)
- United States v. Brewer, 624 F.3d 900 (8th Cir. 2010) (costs of incarceration and deportation considerations cited)
- United States v. Loaiza-Sanchez, 622 F.3d 939 (8th Cir. 2010) (sentencing and deportation considerations discussed)
- United States v. Chavez, 230 F.3d 1089 (8th Cir. 2000) (discussion of deportation and sentencing context)