United States v. Washington
399 U.S. App. D.C. 391
| D.C. Cir. | 2012Background
- May 7, 2010 at ~3 a.m., police stop Washington for driving with no lights; odor of alcohol observed from car and a clear plastic cup with a small amount of red liquid found in backseat; a puddle of liquid on the floorboard near the driver’s seat was observed; Washington was arrested for possession of an open container of alcohol in a vehicle under D.C. Code § 25-1001(a)(2).
- Car search after arrest revealed a loaded Glock .40 caliber handgun under the driver’s seat; Washington had two prior felony convictions and faced federal charges for unlawful possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1).
- District court denied suppression; Washington entered a conditional guilty plea; the PSR calculated an advisory U.S. Guidelines range of 57–71 months based on a Guidelines offense level of 24 and his history; the district court sentenced him to 57 months’ imprisonment with 36 months’ supervised release.
- On appeal, Washington argued there was no probable cause to arrest for the open-container offense due to the infinitesimal amount of liquid; the district court found the odor, puddle, cup contents, and Washington’s movements supported probable cause; the search was thus permissible under Gant.
- Washington also challenged the sentence as an abuse of discretion for not adequately considering a disparity between U.S. and D.C. guidelines; the district court followed Booker/Gall framework and concluded a significant term within the Guidelines was appropriate; this court affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest for open container | Washington argues infinitesimal liquid cannot show probable cause | District court credited odor, puddle, movement evidence showing pouring prior to stop | Probable cause existed; search valid |
| Search incident to arrest for firearm evidence | Search beyond initial offense not justified by probable cause | Gant supports searching for evidence of the arrestable offense | Search reasonable under Gant; gun admissible |
| Sentencing proportionality and disparity considerations | Disparity between U.S. and D.C. guidelines should reduce sentence | Clark bars treating disparity as a mitigating factor; district court correctly applied 3553(a) factors | No abuse of discretion; sentence within Guidelines; disparity not a basis for downward departure |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard for arrest)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances probable cause)
- Ornelas v. United States, 517 U.S. 690 (1996) (de novo review of probable cause; factual findings given deference)
- Arizona v. Gant, 556 U.S. 332 (2009) (police may search a vehicle with probable cause to arrest for a violation)
- United States v. Vinton, 594 F.3d 14 (D.C. Cir. 2010) (supports search for additional evidence when arrest is for open-container)
- United States v. Clark, 8 F.3d 839 (D.C. Cir. 1993) (prohibits treating U.S. Attorney’s prosecutorial discretion as a mitigating factor)
- Gall v. United States, 552 U.S. 38 (2007) (establishes procedural reasonableness and reasonableness review after Booker)
- Booker v. United States, 543 U.S. 220 (2005) (Guidelines advisory; reasonableness review)
- Rita v. United States, 551 U.S. 338 (2007) (explains burden of explaining sentencing decisions)
- In re Sealed Case, 527 F.3d 188 (D.C. Cir. 2008) (procedural compliance in individualized sentencing)