(D.C. No. 4:10-CR-00005-JHP-2) (N.D. Oklahoma)
The opinion of the court was delivered by: Stephen H. Anderson Circuit Judge
United States Court of Appeals Tenth Circuit
Elisabeth A. Shumaker Clerk of Court
Before ANDERSON, TACHA, and BRORBY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
Defendant and appellant Miguel Angel Juarez pled guilty to three counts: conspiracy, in violation of 21 U.S.C. § 846; possession of marijuana with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1), as well as aiding and abetting, in violation of 18 U.S.C. § 2(a); and possession of methamphetamine with the intent to distribute, in violation of 21 U.S.C. §841(a)(1) and (b)(1)(A)(viii). Mr. Juarez was sentenced to 120 months on each count, to be served concurrently. He reserved, however, the right to appeal the previous denial of his motion to suppress evidence obtained following the stop of the van he was driving. On appeal, Mr. Juarez appeals only the denial of his motion to suppress, which we affirm.
On December 15, 2009, a confidential informant known to Tulsa County Deputy Sheriff Lance Ramsey, told Deputy Ramsey that an Hispanic male, whose name was unknown, was engaged in the selling and storing of marijuana and methamphetamine. This informant had previously provided information to Tulsa County authorities which had been accurate and had led to the arrest of three individuals.
The informant told Deputy Ramsey that he/she*fn1 had been to an apartment at 8304 South 77th East Avenue in Tulsa, where he/she had seen large quantities of methamphetamine and marijuana the night before. The confidential informant stated that the unknown Hispanic male had received a 500-pound shipment of marijuana the previous evening, which was not yet cut but remained in large quantities. The informant also stated that the marijuana would be transported in a white van to a location where the marijuana would be cut. The informant further noted that, in addition to the white van, the Hispanic male also at times drove a blue GMC pickup with "nice wheels."
Based on the information provided by the confidential informant, the Tulsa County Drug Task Force established surveillance at the apartment complex to observe the apartment and white van identified by the informant. The task force believed that the marijuana was in the white van, which was parked in the apartment parking lot for the entire time of the task force's surveillance.
Deputy Ramsey met with the confidential informant at a location near the apartment complex. The informant pointed to a blue pickup truck which happened to be driving by and identified the blue truck as being driven by the Hispanic man involved in the drug transactions.
The blue pickup truck identified by the informant arrived at the apartment complex at approximately 11:00 a.m. The surveillance team observed an Hispanic male get out of the blue truck and go into the previously identified apartment. Within a few minutes, two Hispanic males exited the apartment and got into the blue pickup truck. Police personnel followed the blue pickup truck to a shopping area where a Home Depot and a Staples store were located. The government believes that the two men went into these stores. The blue pickup truck returned to the apartment at about 1:15 p.m. One of the Hispanic men placed a large plastic bag in the white van. Furthermore, the men moved flattened boxes from a maroon van in the parking lot and placed them in the white van. As predicted by the confidential ...