Submitted: February 14, 2019
from United States District Court for the Western District of
Missouri - Jefferson City
SMITH, Chief Judge, BENTON and STRAS, Circuit Judges.
BENTON, CIRCUIT JUDGE.
convicted Ramelus Dejuan Bradley of possession with intent to
distribute cocaine and cocaine base, in violation of 28
U.S.C. §§ 841(a)(1), 841(b)(1)(C), 841(b)(1)(B),
and 851; and being a felon in possession of a firearm, in
violation of 18 §§ U.S.C. 922(g)(1) and
924(a)(2). He appeals, arguing the district
court erred by denying his motions to suppress;
for a Franks hearing, disclosure, and production;
and for acquittal. Having jurisdiction under 28 U.S.C. §
1291, this court affirms.
Brandon Weber applied for a warrant to put a GPS tracker on
Bradley's truck. The supporting affidavit detailed a drug
investigation, which included a controlled drug buy:
Within the past four days, at my direction and while under my
direct surveillance, [Reliable Confidential Informant] #1 was
provided money to purchase cocaine from Bradley in Boone
County, Missouri. I watched RCI #1 and Bradley meet at an
undisclosed [location] in Boone County. Bradley arrived at
the meeting location driving a black, Ram, 4-door pickup
bearing Missouri Registration 4MV269. After the transaction
RCI #1 gave me cocaine they stated had been sold to them by
Bradley. RCI #1 positively identified Bradley from pictures
that I provided. The cocaine field-tested positive.
other tipsters-two reliable cooperating citizens and a
Crimestoppers caller-connected Bradley to drug dealing, two
of whom told police he kept drugs in his truck. Weber swore
that, within the past 24 hours, he saw another
"short-term transaction" involving Bradley that he
believed was drug-related based on his training and
experience. The affidavit noted Bradley had prior convictions
for drug trafficking, distribution, and felony possession. A
state judge issued the GPS warrant.
on information from the GPS tracker and physical
surveillance, police obtained search warrants for
Bradley's truck and a residence in Boone County. When
police entered the residence, Bradley was in the living room.
Officers recovered four firearms. One was atop a table next
to Bradley, one under the table, one atop a television stand
in the living room, and one in an upstairs bedroom. They also
recovered over $12, 000 cash from a pair of men's shorts
in the living room. In a Mirandized interview, Bradley
accurately described the firearms' locations and said
they belonged to Tiffany Smith, his girlfriend and the tenant
there. The truck was parked in front of the residence. In its
console, police recovered around 151 grams of cocaine, 28
grams of cocaine base, and a digital scale. He was indicted
for possession with intent to distribute cocaine, 28 grams or
more of cocaine base, and being a felon in possession of a
moved to suppress "all physical evidence allegedly
seized" and "any statements attributed to
him." He challenged the GPS warrant's probable
cause. After a suppression hearing, a magistrate judge
recommended denying the motion, reasoning that the controlled
buy provided probable cause, the other information in the
affidavit supported it, and, even if probable cause were
lacking, the good-faith exception applied. United States
v. Bradley, 2017 WL 2579169 (W.D. Mo. May 30, 2017).
Adopting the report and recommendation, the district court
denied the motion to suppress. United States v.
Bradley, 2017 WL 2579049 (W.D. Mo. June 14, 2017).
then moved for a Franks hearing on the warrants and
requested disclosure of the confidential informant's and
tipsters' identities and any benefits given to them, and
production of evidence about the controlled buy. A magistrate
judge recommended denying the motion, reasoning that Bradley
failed to make "a substantial preliminary showing"
that Weber made any false or reckless statements, as required
under Franks v. Delaware, 438 U.S. 154, 155 (1978),
and failed to show that the confidential informant's or
tipsters' testimony would be material to his case, as
required under United States v. Harrington, 951 F.2d
876, 877 (8th Cir. 1991). United States v. Bradley,
2017 WL 4533452 (W.D. Mo. Sept. 22, 2017). Adopting the
report and recommendation, the district court denied a
Franks hearing, disclosure, and production.
United States v. Bradley, 2017 WL 4533447 (W.D. Mo.
Oct. 10, 2017).
trial, the Government sought to introduce audio recordings of
calls Bradley made in county jail after his arrest. Bradley
objected to statements like "he admits that he would be
good for a dope case, if anything." The district court
overruled his objection. The court later denied a motion for
acquittal based on the sufficiency of the evidence.
Deliberating for about a half hour, the jury convicted him on
all three counts. Bradley appeals, arguing the district court
erred by denying ...