United States v. LeBeau, No. 15-3592 (8th Cir. 2017)
Annotate this CaseGerald LeBeau (Gerald) was convicted by jury of possession with intent to distribute cocaine. The jury convicted Gerald and his son Neil LeBeau (Neil) of conspiracy to distribute cocaine and conspiracy to distribute marijuana. Gerald and Neil each appealed on various grounds, namely that the arresting officers illegally searched a hotel room in which the pair was staying, and any evidence found from that search was tainted. Finding no reversible error, the Eighth Circuit affirmed the convictions.
Court Description: Kelly, Author, with Loken and Colloton, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not clearly err in determining that defendant Gerald LeBeau consented to searches of his hotel room and car; based on the totality of the circumstances, the consent was voluntary; assuming that the officers' initial entry into Gerald's room was unconstitutional, Gerald's voluntary consent to the search of his car was the product of free will sufficient to purge the taint of the agents' presumed illegal entry in the hotel room; as a result, the doctrine of the fruit of the poisonous tree does not compel suppression of the evidence found in the car; no issue was raised in the district court concerning the seizure of Gerald's wallet and keys, and an issue raised for the first time on appeal would not be considered; a reasonable person could conclude from Gerald's statement that he was not unequivocally requesting the right to proceed pro se, and the district court did not violate his right to represent himself by proceeding with appointed counsel; the proposed testimony Gerald sought to introduce through certain witnesses he wanted to subpoena was not relevant or admissible, and the district court did not err in quashing the subpoenas for these witnesses; government's failure to preserve certain video surveillance recordings did not require dismissal of the case because the evidence had no exculpatory value; no error in admitting jailhouse recordings of Gerald's phone calls as the government laid a proper foundation for their admission;Gerald's sentence did not exceed the statutory maximum, and the district court's finding of certain sentencing facts did not violate Gerald's rights; the district court did not err in admitting evidence of Neil LeBeau's prior drug conviction as the conviction was relevant to his state of mind - namely, his intention to enter into the charged conspiracy; no error in admitting jailhouse recordings of Neil's conversations; no error in denying Neil's motion to sever his case from Gerald's as Gerald's statements on the jailhouse recordings did not implicate the Confrontation Clause.
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