United States v. Angela Williams ( 2020 )


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  • Case: 19-50066      Document: 00515580929           Page: 1   Date Filed: 09/28/2020
    United States Court of Appeals
    for the Fifth Circuit                             United States Court of Appeals
    Fifth Circuit
    FILED
    September 28, 2020
    No. 19-50066                        Lyle W. Cayce
    Summary Calendar                           Clerk
    United States of America,
    Plaintiff—Appellee,
    versus
    Angela Michelle Williams,
    Defendant—Appellant.
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 7:18-CR-37-1
    Before Haynes, Willett, and Ho, Circuit Judges.
    Per Curiam:*
    A jury convicted Angela Michelle Williams of possession with intent
    to distribute crack cocaine and distribution of cocaine. Law enforcement
    officials discovered crack cocaine on Williams’s person during a strip search
    after she was arrested for traffic violations.
    *
    Pursuant to 5th Circuit Rule 47.5, the court has determined that this
    opinion should not be published and is not precedent except under the limited
    circumstances set forth in 5th Circuit Rule 47.5.4.
    Case: 19-50066      Document: 00515580929            Page: 2    Date Filed: 09/28/2020
    No. 19-50066
    Williams appeals her convictions, arguing that the district court erred
    by denying her first motion to suppress, her motion for reconsideration, and
    her second motion to suppress. She argues that the evidence of drugs found
    on her person during her post-arrest strip search should have been
    suppressed because there was not cause to stop her, detain her, or take her to
    the jail to be strip searched. She further argues that the evidence does not
    support her conviction of distribution of cocaine because the government’s
    witnesses were not credible and she cannot be identified in the video
    evidence, taken by a cooperating witness, of a controlled drug buy.
    In reviewing the denial of a motion to suppress, we review for clear
    error the district court’s factual findings, and we review de novo a traffic
    stop’s constitutionality, including whether reasonable suspicion existed to
    initiate the stop. See United States v. Cervantes, 
    797 F.3d 326
    , 328 (5th Cir.
    2015). When “a district court’s denial of a suppression motion is based on
    live oral testimony, the clearly erroneous standard is particularly strong
    because the judge had the opportunity to observe the demeanor of the
    witnesses.” United States v. Gibbs, 
    421 F.3d 352
    , 357 (5th Cir. 2005).
    In this case, Detective Sedillo testified at the suppression hearing that
    he saw Williams drift between two lanes and change lanes without signaling,
    and that he relayed those observations to Officers Rodriguez and Gonzalez,
    who conducted the traffic stop. Accordingly, the initial stop was justified
    under the doctrine of collective knowledge. See United States v. Ibarra-
    Sanchez, 
    199 F.3d 753
    , 759-60 (5th Cir. 1999); accord United States v. Molinero
    Puente, 778 F. App’x 311, 312 (5th Cir. 2019) (affirming denial of motion to
    suppress based on arrest for traffic violations observed by one officer and
    communicated to another arresting officer). This collective knowledge also
    justifies arresting Williams for the traffic offenses. See Atwater v. City of Lago
    Vista, 
    532 U.S. 318
    , 354 (2001).
    2
    Case: 19-50066        Document: 00515580929        Page: 3   Date Filed: 09/28/2020
    No. 19-50066
    Furthermore, testimony and body-camera recordings from the traffic
    stop demonstrate that Officer Rodriguez observed that Williams had red
    eyes, asserted multiple times she had not been drinking, and was
    argumentative and “squirrely” during the pat-down search. Officer
    Rodriguez could reasonably have suspected that Williams’s failure to
    maintain her lane of travel was related to drug or alcohol use, which justified
    extending the length of the detention. See Rodriguez v. United States, 
    575 U.S. 348
    , 354–55, 358 (2015) (requiring reasonable suspicion to detain a person
    longer than reasonably necessary to complete the mission of the traffic stop).
    Because the traffic stop and arrest did not violate Williams’s Fourth
    Amendment rights, the district court did not err by denying her pretrial
    motions.
    Williams preserved her sufficiency-of-the-evidence argument about
    her distribution conviction, thereby preserving a de novo standard of review.
    See United States v. Frye, 
    489 F.3d 201
    , 207 (5th Cir. 2007); United States v.
    Resio-Trejo, 
    45 F.3d 907
    , 910 n.6 (5th Cir. 1995). Therefore, in considering
    the evidence supporting that conviction, we must determine whether “any
    rational trier of fact could have found the essential elements of the crime
    beyond a reasonable doubt.” Jackson v. Virginia, 
    443 U.S. 307
    , 319 (1979).
    All evidence and reasonable inferences therefrom must be construed in the
    prosecution’s favor. United States v. Rodriguez, 
    553 F.3d 380
    , 389 (5th Cir.
    2008). A jury is free to choose among any reasonable construction of the
    evidence, see United States v. Meza, 
    701 F.3d 411
    , 422–23 (5th Cir. 2012), and
    we will not second-guess the jury’s reasonable determinations of evidentiary
    weight and witness credibility, United States v. Mendoza, 
    522 F.3d 482
    , 489
    (5th Cir. 2008).
    To prove that Williams distributed cocaine, the government had to
    prove that she “(1) knowingly (2) distributed (3) the controlled substance.”
    3
    Case: 19-50066        Document: 00515580929        Page: 4   Date Filed: 09/28/2020
    No. 19-50066
    United States v. Sotelo, 
    97 F.3d 782
    , 789 (5th Cir. 1996). The video of the
    controlled buy, plus testimony from the cooperating witness who filmed it,
    Detective Sedillo, and a forensic scientist, gave the jury sufficient evidence
    to find beyond a reasonable doubt that Williams knowingly distributed
    cocaine. See
    id. The record does
    not demonstrate that Williams is entitled to relief on
    appeal. Consequently, the judgment of the district court is AFFIRMED.
    4