Argued: January 12, 2017
Final
Submission: July 6, 2018
On
Appeal from the United States District Court for the Southern
District of New York
Consolidated
appeals from judgments of the United States District Court
for the Southern District of New York (Crotty, J.)
entered after defendants- appellants James Lyle and Michael
Van Praagh were convicted at trial of charges relating to
drug trafficking. Lyle challenges the admission of (1)
physical evidence obtained pursuant to warrantless searches
and (2) his post-arrest and proffer statements. Van Praagh
challenges (1) the sufficiency of the evidence of conspiracy,
(2) the admission of Lyle's post-arrest and proffer
statements in their joint trial, and (3) the reasonableness
of his sentence.
Affirmed.
MICHAEL FERRARA, Assistant United States Attorney (Brendan F.
Quigley, Assistant United States Attorney, on the brief), for
Geoffrey S. Berman, United States Attorney for the Southern
District of New York, New York, New York, for Appellee.
DANIEL
S. NOOTER (Thomas H. Nooter, on the brief), Freeman Nooter
& Ginsberg, New York, New York, for Defendant-Appellant
James Lyle.
MARSHAR. TAUBENHAUS, Law Offices of Marsha R. Taubenhaus, New
York, New York, for Defendant-Appellant Michael Van Praagh.
Before: Raggi, Chin, and Lohier, Circuit Judges.
CHIN,
CIRCUIT JUDGE
Defendants-appellants
James Lyle and Michael Van Praagh appeal from judgments of
the United States District Court for the Southern District of
New York (Crotty, J.) convicting them on charges
relating to the distribution of methamphetamine. Lyle
challenges the admission at trial of evidence seized during a
December 11, 2013 inventory search of a rental car and a
January 9, 2014 search of his hotel room. He also challenges
the admission at trial of certain post- arrest and proffer
statements. Van Praagh challenges the sufficiency of the
evidence of his participation in a methamphetamine
distribution conspiracy, the admission of Lyle's
post-arrest and proffer statements in their joint trial, and
the reasonableness of his sentence. Because we conclude that
the evidence at trial was sufficient to support all
convictions, the challenged searches and seizures did not
violate the Fourth Amendment, the admission of Lyle's
statements did not violate the Fifth Amendment, and Van
Praagh's sentence was reasonable, we affirm the judgments
of the district court.
BACKGROUND
I.
The Facts
Because
Van Praagh and Lyle appeal convictions following a jury
trial, we view the evidence in "the light most favorable
to the government, crediting any inferences that the jury
might have drawn in its favor." United States v.
Rosemond, 841 F.3d 95, 99-100 (2d Cir. 2016) (quoting
United States v. Dhinsa, 243 F.3d 635, 643 (2d Cir.
2001)).
A.
Overview
Throughout
2013, Van Praagh regularly sold pound quantities of
methamphetamine. These deals generally occurred once a week
and often took place in Manhattan hotels. Van Praagh also
sold smaller quantities of methamphetamine out of his
apartment in Queens and through in-person deliveries to his
customers. Brandon Hodges, an Arizona-based methamphetamine
supplier, sent Van Praagh methamphetamine on three or four
occasions during this time, with the largest shipment
containing four ounces of methamphetamine. Van Praagh
regularly sold methamphetamine to Lyle, who was also a
methamphetamine dealer in the New York area. Lyle regularly
sold methamphetamine to Anthony Tarantino. Tarantino
initially purchased methamphetamine for personal use, but
eventually started selling small quantities of
methamphetamine to his own clients. Both Hodges and Tarantino
cooperated with the government and testified at trial.
In
January 2013, Lyle introduced Tarantino to Van Praagh.
Tarantino accompanied Lyle to Van Praagh's apartment so
that Lyle could restock his methamphetamine supply. While at
Van Praagh's apartment, Tarantino saw Lyle purchase
methamphetamine from Van Praagh, which Lyle later sold to
Tarantino. In April 2013, Lyle took Tarantino to Van
Praagh's apartment a second time, where Tarantino again
observed Lyle "re-up," i.e., purchase
methamphetamine, from Van Praagh. After this second visit,
Tarantino and Van Praagh became romantically involved, and
eventually Tarantino moved in with Van Praagh and began
helping him sell methamphetamine.
B.
The Seizure of Methamphetamine from Van Praagh's Hotel
Room
On May
29, 2013, Van Praagh and Tarantino checked into the Out Hotel
in midtown Manhattan. That night, they sold pound quantities
of methamphetamine to several customers, including Lyle. The
next day, they checked out of the hotel but accidentally left
approximately a pound of methamphetamine and $20, 000 cash in
the hotel room safe. Hotel staff found the drugs and money
and called the New York City Police Department
("NYPD"), and officers arrived to seize the drugs
and cash. After Van Praagh realized his mistake later that
day, he returned to the hotel, where he was arrested by the
NYPD. During the arrest, the officers seized a cellular phone
and over $1, 000 cash from Van Praagh's pocket. The
officers also searched Van Praagh's Vespa scooter parked
outside the hotel, where they found part of and packaging for
a digital scale.
Soon
thereafter, Tarantino brought Lyle money to give to Van
Praagh's father to bail Van Praagh out of jail. The day
after Van Praagh got out of jail, he and Tarantino flew to
Arizona to ensure that Van Praagh's methamphetamine
suppliers would continue to sell to him. Van Praagh and
Tarantino returned to New York and continued their sale of
methamphetamine.
C.
Lyle's Arrests
On
December 11, 2013, NYPD officers observed Lyle park and exit
a car in midtown Manhattan. The officers noticed a knife
clipped to Lyle's pants, which they later determined to
be an illegal gravity knife. The officers approached Lyle as
he was closing the trunk of the car. Lyle told the officers
that he was legally permitted to carry a gravity knife
because he was a member of the stagehands union and used the
knife to perform his job. Lyle initially said he had not
driven the car but when the officers informed him that they
had seen him driving it, Lyle admitted as much. When asked
for identification, Lyle produced a New York State ID with
the expiration date scratched off. The officers confirmed
that Lyle's driver's license was suspended. The
officers also determined that the vehicle Lyle was driving
was a rental car and that Lyle was not an authorized driver
under the rental agreement. Lyle claimed that his girlfriend
had rented the car and had given him permission to drive it.
The officers arrested Lyle for driving with a suspended
license and for possessing an illegal knife.
Before
heading to the station for processing, Lyle asked if the car
could be left at the location and stated that his girlfriend
would pick it up. The officers denied the request and
impounded the vehicle. At the police precinct, an inventory
search was conducted. Over one pound of methamphetamine and
approximately $39, 000 cash were found in the trunk of the
car.
The
following day -- December 12, 2013 -- Lyle was brought to the
District Attorney's Office where he made certain
statements in custody after being read his Miranda
rights. When asked about the methamphetamine that was in the
trunk of the rental car, Lyle stated that "an individual
. . . had contacted him and asked him to hold something for
him." Tr. 435.[1] He stated that upon meeting with that
individual and another individual, he stayed in the car and
did not see what was placed in the trunk but presumed it to
be drugs because the individual that he was meeting with was
known to distribute large quantities of methamphetamine in
the New York area. When asked about his relationship with
these two individuals, Lyle stated that he was friends with
them, and had eventually begun working with one of them in
delivering methamphetamine to the individual's customers.
Lyle
stated that the person in charge had a source of supply in
Arizona named either Brendan or Brandon. Lyle also
"provided a few names" of other people in the New
York area who distributed large quantities of
methamphetamine. Tr. 436.
On
January 9, 2014, police in East Windsor, New Jersey responded
to an anonymous call that people were using methamphetamine
in a hotel room. When they got to the hotel room, Lyle opened
the door and invited the officers inside. The officers heard
the toilet flush and saw Lyle's girlfriend come out of
the bathroom. The officers observed a torch lighter on the
bathroom shelf, a small clear bag next to the trash can, and
a partial clear straw wrapper containing white residue on the
bathroom floor. Additionally, they observed a towel under the
bathroom doorway. In the bedroom, the officers noticed that a
clear bag had been affixed to the smoke detector with rubber
bands.
Officers
then performed a consent search of the room, and found
approximately fourteen grams of methamphetamine, $3, 270
cash, a digital scale, and numerous plastic baggies. Lyle and
his girlfriend were both arrested.
II.
The Proceedings Below
A.
The Indictment and Van Praagh's Arrest
Van
Praagh, Lyle, and Tarantino were indicted on March 20, 2014.
On March 31, 2014, Drug Enforcement Administration
("DEA") agents arrested Van Praagh at his
apartment. After receiving consent to search the apartment,
agents found tools used to sell drugs, including a
heat-sealer, packaging materials, and multiple scales, and a
note from Hodges asking Van Praagh to have Lyle call him.
On
April 6, 2013, Van Praagh called his father from jail and
told him, in a recorded call, "they got nothing . . . .
I sterilized the house like I told you." Supp. App. 104.
He also told him, "[t]hey got Anthony [Tarantino], but
I'm expecting that he'll be disappearing any day now
. . . . I believe that he had been talking." Supp. App.
105.
B.
Lyle's Proffer Session
On
April 7, 2014, Lyle participated in a proffer session with
the government in hope of reaching a cooperation agreement. A
proffer agreement was executed, stipulating that the
government would not use any of Lyle's statements made
during the proffer sessions against him, except "to
rebut any evidence or arguments offered by or on behalf of
[Lyle]." Lyle App. 36.
During
the proffer session, Lyle admitted that (1) around 2011 or
2012, he sometimes stayed with Van Praagh while working on
projects in New York City; (2) he observed Van Praagh smoking
and using methamphetamine; (3) he occasionally delivered
packages to Van Praagh's clients; (4) he accompanied Van
Praagh to deliver methamphetamine thirty to fifty times; (5)
Van Praagh told Lyle his supplier was in Arizona; and (6) on
one occasion, Lyle accompanied Van Praagh to pick up
methamphetamine from a library in New York City.
C.
The Superseding Indictment and Pretrial Motions
A
superseding indictment was, charging (1) Van Praagh and Lyle
with conspiring to distribute 500 grams or more of
methamphetamine, in violation of 21 U.S.C. §§ 846
and 841(b)(1)(A), from December 2012 to January 2014; (2) Van
Praagh with distributing and possessing with intent to
distribute 50 grams or more of methamphetamine, in violation
of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B), on or
about May 30, 2013; and (3) Lyle with distributing and
possessing with intent to distribute 50 grams or more of
methamphetamine, in violation of 21 U.S.C. §§
841(a)(1) and 841(b)(1)(B), on or about December 11, 2013.
Before
trial, Lyle moved to suppress the physical evidence recovered
from the search of the automobile, as well as his subsequent
post-arrest statements. In an affidavit filed in support of
the motion, Lyle admitted that (1) just prior to his arrest,
he had been driving the car that had been rented by his
girlfriend with her permission; (2) he possessed a gravity
knife that day; (3) he initially told the police officers he
had not been driving the car but later admitted to driving
the car; and (4) his license was suspended at the time.
On
September 11, 2014, the district court held an evidentiary
hearing on the voluntariness of Lyle's post-arrest
statements and, on October 1, 2014, the court denied
Lyle's motion to suppress. The court found there was
probable cause for Lyle's arrest, based on his possession
of a gravity knife. The court then concluded that the search
of the rental car was justified on two independent bases.
First, Lyle had no reasonable expectation of privacy in the
rental car because he was not an authorized driver under the
rental agreement. Second, the search of the rental car was a
valid inventory search. The court also found that Lyle's
post-arrest statements were made voluntarily and pursuant to
a valid Miranda waiver.
D.
The Trial
Lyle
and Van Praagh's trial began on October 14, 2014, and
ended on October 20, 2014. The government called nineteen
witnesses, and introduced physical evidence consisting of
drugs and drug processing materials, text messages between
the defendants, testimony regarding Lyle's post-arrest
and proffer statements, and the recorded call Van Praagh made
to his father while incarcerated. Van Praagh called one
witness who testified about the circumstances of Van
Praagh's March 31, 2014 arrest. Lyle did not put on a
case.
During
his opening statement, Lyle's counsel stated that
"[Lyle] obtained, bought, borrowed, was given
methamphetamine for his own use. Where we dispute is the idea
that he was a dealer." Tr. 28. Later that day, the
government submitted a letter brief, asserting that
Lyle's counsel's argument that Lyle was not a dealer
...