United States v. Kelvin Lewis , 615 F. App'x 332 ( 2015 )


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  •                   NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
    File Name: 15a0457n.06
    No. 13-6651
    FILED
    Jun 17, 2015
    UNITED STATES COURT OF APPEALS
    FOR THE SIXTH CIRCUIT                        DEBORAH S. HUNT, Clerk
    UNITED STATES OF AMERICA,                       )
    )
    Plaintiff-Appellee,                      )
    )
    v.                                              )
    ON APPEAL FROM THE UNITED
    )
    STATES DISTRICT COURT FOR THE
    KELVIN J. LEWIS,                                )
    EASTERN DISTRICT OF KENTUCKY
    )
    Defendant-Appellant.                     )
    )
    )
    BEFORE:        DAUGHTREY, GIBBONS, and GRIFFIN, Circuit Judges.
    MARTHA CRAIG DAUGHTREY, Circuit Judge. Defendant Kelvin Lewis pleaded
    guilty to conspiring to both distribute oxycodone and commit money-laundering and was
    sentenced to concurrent prison terms of 192 months. In his plea agreement, he reserved the right
    to appeal the district court’s denial of motions to suppress he had filed. Lewis now asserts:
    (1) that his arrest was not supported by probable cause; (2) that the warrantless search of
    information on his cell phones violated his rights under the Fourth Amendment; (3) that the
    police had no probable cause to conduct a warrantless search of an automobile in which he had
    been a passenger; (4) that an initial warrantless search of his hotel room was improper; and
    (5) that the affidavit submitted in support of the application for a warrant to search the hotel
    room failed to establish probable cause to justify the intrusion on his privacy rights. We find no
    reversible error and affirm.
    No. 13-6651
    United States v. Lewis
    FACTUAL AND PROCEDURAL BACKGROUND
    Based upon evidence obtained in controlled drug buys by a confidential informant,
    Lexington (Kentucky) police officers arrested Jerry Clemons in August 2011, for distribution of
    oxycodone. Clemons, claiming to be a relatively small-time drug dealer, offered to cooperate
    with the police and attempt to lure his suppliers into the net set up by the law enforcement
    officials. With Clemons’s permission, the police used Clemons’s own cell phone to text his
    suppliers, Keli Nicholson and Gregory Weisbrodt, and request a new supply of oxycodone pills.
    Nicholson and Weisbrodt agreed to meet Clemons at his residence, and when they arrived, the
    police arrested them and confiscated “several hundred oxycodone          30-milligram pills” and
    “some” 15-milligram pills from Nicholson and Weisbrodt.
    Nicholson and Weisbrodt in turn volunteered to cooperate with the police in an effort to
    snare their supplier, defendant Lewis, an individual they described as “a male black subject in
    his 20s or 30s . . . from the Florida area” and known to them as “Keshon.” They indicated that
    they typically communicated with Lewis through text messages and showed the police some of
    those communications that had been saved on their phones. Lexington police detective Jared
    Curtsinger testified at the suppression hearing that:
    [Nicholson and Weisbrodt] had been supplied a large portion of those pills [by
    Lewis] just within like an hour before [they were] arrested . . . and that they were
    due to bring back – I can’t remember how much it was, I believe it was $2,600 in
    cash to pay him back for the pills that they had out, and that he would be waiting
    for that money in return.
    Because Lewis would be waiting for Nicholson and Weisbrodt to return to him with the
    proceeds of the sale of the oxycodone pills Lewis had provided to them, the police confiscated
    the couple’s cell phones but drove with them back to the Best Western motel in Lexington where
    they were registered as guests. Once Nicholson and Weisbrodt were back in their own motel
    -2-
    No. 13-6651
    United States v. Lewis
    room, Curtsinger sent a text message to Lewis from Nicholson’s phone saying “that they had the
    money and were ready to get another . . . large supply of oxycodone pills.” Lewis responded
    with a text message saying, “I’ll be there in 15.” When Lewis did not arrive within that
    timeframe, Curtsinger, on behalf of Nicholson, sent a second text message asking Lewis where
    he was, to which Lewis texted back, “Five minutes.”
    Nicholson informed Curtsinger that when she received pills from Lewis for the previous
    sale, “Keshon and another female subject were driving a dark-colored passenger car, possibly a
    Nissan.” Consequently, she suggested that the police should be on the lookout for the approach
    of such a vehicle to the Best Western motel. According to Curtsinger, he also said that “within
    the last few weeks one of these transactions . . . occurred where another large male black subject
    was around during the transactions, as well. And that they thought that there was more people
    involved in this ring, which is consistent with pill traffickers.”
    After being told that Lewis was five minutes away, Nicholson, Weisbrodt, and police
    officers waited in Nicholson and Weisbrodt’s motel room for “the next five to ten minutes” until
    a “gray passenger car arrived and parked right beside Weisbrodt and Nicholson’s passenger car,
    which at that point made them about the only two passenger cars in the parking lot.” As Lewis
    exited from the passenger side of the car and approached Nicholson and Weisbrodt’s door,
    Nicholson confirmed to Detective Curtsinger that Lewis was indeed the individual who had
    supplied them with oxycodone pills. Thus, when Lewis knocked on the motel room door, the
    officers opened the door and placed him under arrest. A search of the defendant incident to that
    arrest yielded an empty prescription pill bottle—a prescription for 140 oxycodone pills that had
    been written in Lewis’s name less than a week earlier. Police also seized from Lewis three or
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    No. 13-6651
    United States v. Lewis
    four cell phones—one of which contained text messages sent by Nicholson—and $1,500 in cash,
    mostly in $20 bills, but no oxycodone pills.
    While Lewis was being arrested and searched inside the Best Western motel room, other
    officers approached the female driver of the car in which Lewis had arrived and arrested her.
    During that process, Detective Keith Ford walked to the passenger side of the vehicle and, from
    his “position outside the vehicle,” observed a disassembled cell phone on the passenger-side
    floorboard, a hotel-room key card, and a deposit slip from an automatic teller machine. Ford
    gave the key card to Curtsinger, but Curtsinger eventually returned the card to Ford, along with
    identification information that had been taken from Lewis and from the driver of the gray/black
    automobile, Lakisha Slaton. Curtsinger then instructed Ford to go to the neighboring Ramada
    Inn to determine whether Lewis and Slaton had rented a room there and, if so, to secure that
    room pending the receipt of a warrant to search the premises for evidence of drug distribution.
    The desk clerk at the Ramada Inn confirmed that the key card was indeed a key for a
    room in that hotel and that Lewis and Slaton previously had checked into Room 120 of the
    establishment. Concerned that another individual working with Lewis and Slaton might be in
    Room 120 and might destroy crucial evidence because Lewis did not return to the hotel within a
    designated time period, Ford knocked on the door to Room 120 and “advised that it was the
    police.” Receiving no response, and hearing no sounds emanating from the room, Ford used the
    key card to gain entry, again announced, “Police,” and walked through the room to ensure that
    no other persons were present. Finding no one else in the room, Ford proceeded back toward the
    hall door, at which time he noticed a box of plastic sandwich bags on the desk in the room. After
    transmitting that information to Curtsinger, Ford remained in the room with another officer for at
    least an hour while Curtsinger secured a warrant to search the room more thoroughly.
    -4-
    No. 13-6651
    United States v. Lewis
    Ford claimed that while awaiting the issuance of the warrant, he did not conduct a further
    search of the room or its contents, did not “open any drawers, look in any luggage, lift up any
    pillows, or see if anything was laying around.” He also denied that, at that time, he put on the
    blue latex gloves that are used by police during searches so as not to contaminate the crime
    scene. However, a hotel employee who accompanied his manager to the room 10–20 minutes
    after the initial arrival of the police, offered that, when the hotel employees checked on the
    activities of the police, it took Ford and his partner “probably a minute or two” to answer their
    knock. Furthermore, when the officers finally did open the door, the employee saw a suitcase on
    the bed and one of the officers with blue latex gloves “in his hands” and “moving around in the
    room.”
    In applying for the warrant to search Room 120 of the Ramada Inn, Curtsinger included
    the information he gathered from Nicholson and from her cell phone, information regarding the
    arrests of Lewis and Slaton, the fact that Ford had noticed a box of plastic sandwich bags in the
    hotel room, and the fact that text messages viewed on Lewis’s cell phones were “consistent with
    large-scale oxycodone trafficking.” After obtaining the warrant from a Kentucky magistrate,
    Curtsinger went to the Ramada Inn and conducted a thorough search of Room 120 and of
    luggage found in the room. The search led to the seizure of 110 oxycodone 15-milligram pills,
    79 oxycodone 30-milligram pills, $2,850 in cash, pieces of paper indicating drug trafficking, and
    bank receipts showing cash deposits in Lexington, Kentucky, and subsequent transfers of the
    money to individuals in Florida.
    In a second superseding indictment, Lewis was charged with conspiracy to distribute
    oxycodone, possession with intent to distribute oxycodone, and conspiracy to commit money
    laundering. Lewis then filed multiple motions seeking to suppress evidence obtained as a result
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    No. 13-6651
    United States v. Lewis
    of the searches of his cell phones, the car in which in was a passenger, and the hotel room.
    Additionally, he asserted that he was arrested without probable cause and that the warrant
    application was insufficient to justify issuance of authorization to search Room 120. The district
    court conducted a lengthy evidentiary hearing on the motions and issued two opinions denying
    Lewis the relief he sought.
    In light of those rulings, Lewis chose to plead guilty to the two conspiracy charges in
    exchange for dismissal of the charge of possession of oxycodone. In that plea agreement,
    however, Lewis specifically reserved the right to challenge on appeal the denial of his
    suppression motions. The district court sentenced Lewis to concurrent prison terms of 192
    months, and the defendant now exercises his right to appeal the district court’s suppression
    rulings.
    DISCUSSION
    Probable Cause for Arrest
    The Fourth Amendment to the United States Constitution “protects the ‘right of the
    people to be secure in their persons, houses, papers, and effects, against unreasonable searches
    and seizures.’” Davis v. United States, 
    131 S. Ct. 2419
    , 2426 (2011) (quoting U.S. Const.
    amend. IV). Consistent with this bedrock constitutional principle, courts have accepted that a
    person may not be arrested without probable cause, that is, without “facts that, given the factual
    and practical considerations of everyday life, could lead a reasonable person to believe that an
    illegal act has occurred or is about to occur.” United States v. Gill, 
    685 F.3d 606
    , 609 (6th Cir.
    2012) (citation omitted). On appeal, Lewis first insists that his arrest was without probable
    cause. Consequently, he argues that any evidence that was obtained following that arrest must
    be suppressed.
    -6-
    No. 13-6651
    United States v. Lewis
    Specifically, Lewis highlights the facts that the police never observed him engaged in
    criminal activity and did not recover contraband from him when he was arrested in Keli
    Nicholson’s room at the Best Western motel. He argues further that the sole basis for the finding
    that probable cause for his arrest existed was the account of his activities given by Nicholson, an
    account that was not corroborated by the police prior to Lewis’s arrest.
    “On appeal from the denial of a motion to suppress, we review[] the district court’s
    findings of fact for clear error and its conclusions of law de novo.” 
    Id.
     (internal quotation marks
    and citation omitted). Although it is true that Lewis was not engaged in any observable illegal
    activity when arrested and that he was not in possession of any controlled substance at the time
    of his arrest, significant and sufficient corroboration of Nicholson’s information regarding
    Lewis’s wrongdoing was obtained prior to effecting Lewis’s apprehension.
    Perhaps most damning to Lewis’s claim of a lack of probable cause to arrest is the fact
    that Nicholson’s cell phone corroborated the supplier-seller relationship between the two
    individuals. When Nicholson informed Lewis that she had sold the oxycodone pills provided to
    her and that she was prepared to turn over the proceeds to Lewis and obtain additional pills to
    sell, Lewis responded by texting that he would meet with her shortly and did, in fact, do so.
    Moreover, Nicholson informed the police detectives that Lewis would be traveling in a dark-
    colored passenger car, most likely in the company of an African-American woman. True to that
    prediction, Curtsinger observed Lewis arrive at Nicholson’s motel in a dark-colored passenger
    car driven by an African-American woman.
    A finding of probable cause does not require absolute certainty on the part of the police.
    Rather, probable cause for an arrest requires only “reasonable grounds for belief, supported by
    less than prima facie proof but more than mere suspicion.” United States v. Lattner, 385 F.3d
    -7-
    No. 13-6651
    United States v. Lewis
    947, 951 (6th Cir. 2004) (citation omitted). The information obtained by Curtsinger in this case
    and verified through text messages and personal, visual observation was sufficient to provide the
    probable cause to arrest Lewis when he arrived at Nicholson’s motel room. The defendant’s first
    challenge to the denial of his suppression motions thus is without merit.
    Validity of Warrantless Search of Lewis’s Cell Phones
    After Lewis was arrested, police confiscated multiple cell phones from the defendant.
    Without a warrant, Curtsinger accessed data on the phones and noted that one of the devices
    indicated receipt of a text message from Nicholson. Curtsinger then used that information in his
    application for a warrant to search Lewis’s hotel room, noting that “[a]ll three cell phones
    contained text messages consistent with large scale Oxycodone trafficking.”
    Lewis argues persuasively that the recent United States Supreme Court decision in Riley
    v. California, 
    134 S. Ct. 2473
     (2014), found such searches improper and ruled “that a warrant is
    generally required before [a search of information contained in a cell phone], even when a cell
    phone is seized incident to arrest.” 
    Id. at 2493
    . Recognizing the applicability of Riley to this
    appeal, the government argues that suppression of the recovered information is not required here
    for various reasons. We need not wade into the morass of exclusionary-rule and good-faith-
    exception jurisprudence to resolve this issue, however. Any error in accessing the information
    from Lewis’s phones was harmless beyond a reasonable doubt. The knowledge that Lewis’s cell
    phone contained text messages from Nicholson was not necessary to obtain a warrant to search
    the hotel room. Indeed, the police already had verified through examination of Nicholson’s cell
    phone that Lewis was aware of the oxycodone-distribution operation, that the defendant was
    contacted by Nicholson when she needed additional oxycodone, and that Lewis responded to that
    request with an indication of his intention to re-supply his downstream seller. Furthermore, the
    -8-
    No. 13-6651
    United States v. Lewis
    gratuitous comment in the warrant application that the search of the defendant’s cell phones
    uncovered text messages consistent with large-scale distribution of controlled substances also
    was cumulative to other information in the affidavit. In short, as indicated below, there was
    more than enough evidence in the affidavit to establish probable cause even without the evidence
    from the cell phones. The constitutional violation committed by searching the information
    contained in Lewis’s cell phones thus constituted harmless error beyond a reasonable doubt.
    Warrantless Search of the Vehicle in Which Lewis Was a Passenger
    Lewis also contends that the police improperly searched the vehicle in which he arrived
    at the Best Western motel. According to the defendant, the police lacked probable cause to
    believe that the automobile contained contraband and, as a result, were forbidden from searching
    the car without authorization from a neutral and detached magistrate.
    “Under the automobile exception to the warrant requirement, an officer may search a
    readily mobile vehicle without a warrant if he has probable cause to believe that the vehicle
    contains evidence of a crime.” United States v. Johnson, 
    707 F.3d 655
    , 658 (6th Cir.) (internal
    alterations, quotation marks, and citations omitted), cert. denied, 
    134 S. Ct. 296
     (2013). There
    can be no dispute that the automobile in which Lewis arrived at Nicholson’s motel was “readily
    mobile.” Moreover, the police had probable cause to believe the car contained evidence of the
    crime of oxycodone distribution. Nicholson had earlier texted Lewis and requested that he
    supply her with 200 additional oxycodone pills.        Lewis agreed to do so, traveled to meet
    Nicholson at her motel, and arrived there within the general time frame agreed upon in the text-
    message exchange. When Lewis was arrested, a search of his person did not uncover the pills
    that were to be delivered. Police did confiscate from him, however, a prescription pill bottle that,
    no more than one week earlier, had contained 140 oxycodone pills. In light of those discoveries,
    -9-
    No. 13-6651
    United States v. Lewis
    the police clearly had probable cause to believe that the pills that Lewis was supposed to
    transport to Nicholson could be in the vehicle in which he arrived. The district court thus did not
    err in denying Lewis’s motion to suppress the evidence gathered from the search of the rental
    automobile in which Lewis had been a passenger.
    Warrantless Search of Hotel Room
    Lewis also challenges the constitutionality of the entry into his hotel room by Detective
    Ford prior to the issuance of a search warrant for that room by a state magistrate. Because no
    information or evidence obtained by Ford during his warrantless entry into the room was crucial
    to the issuance of the subsequent warrant, this issue also is without merit.
    Without question, “a hotel room may be the object of Fourth Amendment protection as
    much as a home or an office.” United States v. Lanier, 
    636 F.3d 228
    , 231 (6th Cir. 2011)
    (internal quotation marks and citations omitted). Even though the district court assumed that no
    exigent circumstances justified the pre-warrant intrusion into Room 120, the government
    maintains that Ford was authorized to perform a “protective sweep” of the room in order to
    ensure that no other individuals were there and to ensure that no evidence was destroyed prior to
    the arrival of a valid search warrant at the location.
    The government argues that Ford was entitled to conduct a “protective sweep” of the
    hotel room. See United States v. Biggs, 
    70 F.3d 913
    , 915 (6th Cir. 1995). It is not necessary to
    decide whether there was justification for a sweep because, even if there was not, no grounds for
    suppression of the evidence subsequently found in Room 120 exist.              Evidence obtained
    improperly and without a warrant still may be admitted at trial “[i]f the prosecution can establish
    by a preponderance of the evidence that the information ultimately or inevitably would have
    been discovered by lawful means.” Nix v. Williams, 
    467 U.S. 431
    , 444 (1984). See also United
    -10-
    No. 13-6651
    United States v. Lewis
    States v. Pritchett, 
    749 F.3d 417
    , 437 (6th Cir.), cert. denied sub nom. Johnson v. United States,
    
    135 S. Ct. 196
     (2014). In this case, Ford entered the room ostensibly to protect its contents
    pending the issuance and arrival of a judicially sanctioned search warrant. Even had Ford
    discovered the hidden drugs and other evidence of trafficking prior to issuance of the search
    warrant—a premature discovery for which there is no evidence whatever1—it cannot be disputed
    seriously that the same incriminating evidence would have been found after the warrant was
    issued and a full-scale search of Room 120 conducted.
    Lewis nevertheless argues that even if the incriminating evidence would have been
    discovered upon the execution of a sanctioned search, the conduct allegedly undertaken by Ford
    should be deterred by suppression of any contraband subsequently found in the room. Again,
    however, the appellate record contains no indication that any act committed by Ford was truly
    prejudicial. Even viewing the evidence in the light most favorable to Lewis—a step this court is
    not required to take—all that the defendant could have established is that Ford entered Room 120
    prior to delivery of the search warrant, Ford placed one of Lewis’s bags on the room’s bed, and
    Ford pulled on blue latex gloves. In light of subsequent occurrences, none of those factors,
    either separately or in conjunction with one another, justifies the remedy that Lewis seeks on
    appeal.
    Nor can Lewis seek to justify suppression of subsequently discovered evidence on the
    ground that Ford’s allegedly illegal entry into Room 120 resulted in the transmission of
    information crucial to the application for the warrant.                  It is true that Detective Curtsinger
    included in his affidavit in support of the warrant application the following statements:
    1
    Lewis attempts to draw adverse inferences from the fact that a Ramada employee saw one of Lewis’s suitcases on
    the bed in Room 120 and observed Ford in that room clad in blue latex gloves prior to the arrival of Curtsinger and
    the search warrant. Even if that testimony were accredited and Ford’s denials of the same rejected, no evidence
    before the district court or this court indicates that the suitcase in which the drugs were found was opened prior to
    the issuance and execution of the search warrant.
    -11-
    No. 13-6651
    United States v. Lewis
    While securing the room Detective Ford observed in plain view an open box of
    sandwich bags on the table. The affiant knows from his training and experience
    that these bags are often used to package illegal narcotics for distribution. The
    affiant also was advised by Nicholson that Lewis usually packages his pills in a
    plastic sandwich bag.
    However, the affidavit recounted Nicholson’s history with Lewis, Nicholson’s text-message
    exchange with the defendant, Lewis’s response to her request for additional pills to sell, his
    appearance at her motel room door, the fact that he then was in possession of an empty pill bottle
    for a 140-count prescription that was less than one week old, the fact that Lewis had no other
    pills on his person despite his promise to re-supply Nicholson, and the fact “that narcotic
    traffickers will sell narcotics from a hotel room to avoid detection.”        Even excluding the
    reference to the sandwich bags (and the reference to the search of Lewis’s cell phones), there
    was more than sufficient evidence from which the magistrate could have concluded there was
    probable cause.
    In short, Lewis can point to no prejudice he suffered that flowed directly and singularly
    from Ford’s warrantless entry into his hotel room.          The defendant’s contention that all
    incriminating evidence against him should be suppressed in light of that entry thus is without
    merit.
    Sufficiency of Application for Issuance of Search Warrant
    In his final appellate challenge, Lewis alleges that Curtsinger’s application for a search
    warrant was insufficient to establish the probable cause necessary to obtain that authorization.
    Specifically, he insists that the application was defective because: (1) it did not contain a
    transcript of the text messages sent between Nicholson and Lewis; (2) it did not describe
    Curtsinger’s training and experience that justified his suppositions in support of the warrant
    request; (3) it did not establish with sufficient particularity Nicholson’s reliability as an
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    No. 13-6651
    United States v. Lewis
    informant; (4) it did not establish a nexus between the hotel room and any illegal activity; and
    (5) after excising the information recovered from Lewis’s cell phones and from the allegedly
    illegal entry into the hotel room, there was no reason to believe that the defendant was guilty of a
    crime or that evidence of that crime could be found in his hotel room.
    An affidavit is considered sufficient if it establishes probable cause to believe that
    evidence of the narcotics trafficking would be found in the place to be searched. Lattner,
    385 F.3d at 951. A showing of probable cause does not necessitate establishment of absolute
    proof of a location’s connection with illegal activity; rather, probable cause “is said to exist
    ‘when there is a “fair probability,” given the totality of the circumstances, that contraband or
    evidence of a crime will be found in a particular place.’” Id. (quoting United States v. Davidson,
    
    936 F.2d 856
    , 859 (6th Cir. 1991), and citing United States v. Johnson, 
    351 F.3d 254
    , 258 (6th
    Cir. 2003)). We must accord great deference to an issuing judge’s finding of probable cause and
    may reverse that determination only if there is no “substantial basis” for it. United States v.
    Miller, 
    314 F.3d 265
    , 268-69 (6th Cir. 2002) (quoting Illinois v. Gates, 
    462 U.S. 213
    , 236
    (1983)). Not only has the government established the necessary “substantial basis” for the
    finding of probable cause in this case, but each of Lewis’s attacks on that determination is
    without basis.
    First, there is no requirement that the application for a warrant contain a verbatim
    transcript of cell phone conversations mentioned in the affidavit. Here, Curtsinger sufficiently
    described the gist of the messages between Nicholson and Lewis:
    Once at the room Keli Nicholson placed a text message to “Keshawn” advising
    that she had the money and wanted two hundred more pills. “Keshawn” replied
    back that he was good for the two hundred pills and that he would be over in the
    next fifteen minutes. Approximately twenty minutes later Nicholson sent another
    text message to “Keshawn” who advised that he was five minutes away.
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    No. 13-6651
    United States v. Lewis
    Nor is there any merit to the defendant’s claims that the affidavit did not provide
    information about Curtsinger’s training and experience or establish Nicholson’s reliability as an
    informant. The affidavit mentioned that Curtsinger had been a police officer for nine years,
    clearly a sufficiently lengthy period of time to gain expertise in the investigation of drug
    offenses. Moreover, this court has held that “named informants, unlike confidential informants,
    require little corroboration.” United States v. Williams, 
    544 F.3d 683
    , 690 (6th Cir. 2008)
    (citation omitted).   Even so, Nicholson’s information was corroborated sufficiently.        She
    accurately described the vehicle in which Lewis would be traveling and correctly indicated that
    Lewis would be in the company of an African-American female. Furthermore, her text messages
    to Lewis produced the expected result of having Lewis visit Nicholson at her motel room.
    Finally, even ignoring any reference to information obtained from Lewis’s own cell
    phones or information related by Detective Ford to Curtsinger after Ford’s initial entry into the
    defendant’s hotel room, the affidavit was more than sufficient to establish not only probable
    cause to believe that Lewis was involved in drug-trafficking, but also probable cause to believe
    that Room 120 at the Ramada Inn was connected with that illegal activity. Indeed, as the district
    court exhaustively detailed, the warrant application stated that:
    1) Clemons had admitted selling oxycodone and had agreed to a controlled buy
    with Nicholson and Weisbrodt; 2) Nicholson and Weisbrodt arrived at Clemons’
    residence with over 100 oxycodone pills and that they admitted to selling them;
    3) Nicholson and Weisbrodt informed the officers that their supplier was
    “Keshon,” that he was staying at the Ramada Inn, that they were supposed to
    bring him back $2,600 in cash when they sold the pills and that they were
    supposed to place another order from him after they paid him the money;
    4) Nicholson and Weisbrodt informed the officers that Keshon was a black male
    in his 30s from Florida and that he was driving a black Nissan passenger car
    accompanied by his girlfriend; 5) when the officers went to the Best Western with
    Nicholson and Weisbrodt, Nicholson texted Keshon advising him that she had the
    money and wanted 200 more pills and that he replied back that he would be there
    in 15 minutes and later sent a text saying it would be 5 more minutes; 6) within
    the time frame set forth in Nicholson’s texts, the officers observed a black Nissan
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    No. 13-6651
    United States v. Lewis
    passenger car arrive in the parking lot and park next to Nicholson’s car; 7) a
    person that Nicholson identified as Keshon and that matched her description of
    Keshon emerged from the car and knocked on Nicholson’s hotel room door;
    8) after arresting Keshon, the officers found on him an empty Oxycodone
    prescription bottle for 140 pills issued five days before the search; $1,500 in cash;
    and three cell phones; 9) the officers retrieved from the car a hotel room key and a
    receipt from a PNC bank account showing a deposit on that day of $4,600 in cash;
    10) that Detective Ford took Lewis’s identification and the room key to the
    Ramada Inn and that the manager advised that Lewis was staying in Room 120
    and that the room key was for Room 120.
    Thus, Lewis’s challenge to the sufficiency of the warrant application also is without merit.
    CONCLUSION
    For the reasons set out above, we AFFIRM the judgment of district court.
    -15-