United States v. Weeks
442 F. App'x 447
11th Cir.2011Background
- Weeks, a felon, was convicted of felon-in-possession and fled Massachusetts for Atlanta, where he purchased pistols using false identification and statements.
- Edmonds, Weeks’s girlfriend, and Weeks resided in an apartment leased by Woods; the two shared a key, and Woods did not live there during their residence.
- Deputy Brock traced Weeks’s location via utility records and surveillance, leading to a federal arrest at the apartment complex around 6:30 a.m.
- Agents entered the apartment after knocking and announcing; they found Weeks hiding in a closet and Edmonds with two children in the living room.
- Edmonds consented to a search, yielding incriminating items, and later signed a form indicating verbal consent; Weeks argues the consent was invalid.
- Weeks was extradited to Massachusetts for earlier convictions, where he received a 180-month sentence; the Georgia case proceeded with suppression litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial entry/search violated the Fourth Amendment | Weeks | Weeks | Not violated; Payton two-part test satisfied; reasonable belief Weeks resided and was inside |
| Whether Edmonds had authority to consent to search | Weeks | Edmonds | Consent valid; apparent authority supported; third-party consent permitted |
| Whether Randolph applies to bar Edmonds’s consent | Weeks | Weeks | Not a Randolph scenario; Weeks not present and objecting party |
| Whether Weeks’s four Massachusetts convictions qualify as ACCA predicates | Weeks | Weeks | Qualify as serious drug offenses and violent felony; ACCA career offender applies |
| Whether the sentence is procedurally or substantively unreasonable | Weeks | Weeks | Sentence within guidelines range; reasonable under §3553(a) |
Key Cases Cited
- Payton v. New York, 445 U.S. 573 (1980) (requires two-part inquiry for dwelling entry with arrest warrants)
- United States v. Bervaldi, 226 F.3d 1256 (11th Cir. 2000) ( Payton factors applied to dwelling searches)
- Maryland v. Buie, 494 U.S. 325 (1990) (plain-view/protective sweep exception justification)
- United States v. Garcia, 890 F.2d 355 (11th Cir. 1989) (voluntary consent exception to search)
- United States v. Rodriguez, 497 U.S. 177 (1990) (apparent authority in consent searches)
- United States v. Weekes, 611 F.3d 68 (1st Cir. 2010) (reaffirmed approach to ACCA predicate analysis)
- United States v. Llanos–Agostadero, 486 F.3d 1194 (11th Cir. 2007) (categorical approach to prior offenses for ACCA)
- United States v. Breitweiser, 357 F.3d 1249 (11th Cir. 2004) (look-behind analysis when judgment insufficient to determine ACCA predicate)
- United States v. Almenas, 553 F.3d 27 (1st Cir. 2009) (Massachusetts resisting arrest as violent felony under ACCA)
- United States v. McBride, 511 F.3d 1293 (11th Cir. 2007) (abuse-of-discretion standard for reasonableness of sentence)