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Campbell v. United States

United States Court of Appeals, Eleventh Circuit

June 4, 2018

FREDRICK CAMPBELL, Petitioner-Appellant,
v.
UNITED STATES OF AMERICA, Respondent-Appellee.

          Appeal from the United States District Court for the Middle District of Florida D.C. Docket Nos. 3:12-cv-00881-MMH-MCR, 3:09-cr-00051-MMH-MCR-1

          Before ED CARNES, Chief Judge, HULL, and JULIE CARNES, Circuit Judges.

          PER CURIAM:

         Fredrick Campbell, a federal prisoner proceeding pro se, appeals the district court's dismissal of his 28 U.S.C. § 2255 motion alleging ineffective assistance of counsel. A jury found Campbell guilty of drug and firearms offenses and he was sentenced to 195 months in prison. We affirmed his convictions and sentence on direct appeal. Campbell then filed this § 2255 motion, contending that his pretrial counsel rendered ineffective assistance in investigating and litigating his motion to suppress evidence. The district court denied Campbell's § 2255 motion without an evidentiary hearing on the grounds that Campbell could not establish deficient performance or prejudice. This is his appeal.

         I. FACTS AND PROCEDURAL HISTORY

         A. Facts

         In late 2008, Detectives Richard Hughey and Charles Bates of the Jacksonville Sheriff's Office received a tip from a confidential informant that Campbell was using United Parcel Service and Federal Express to ship marijuana to Jacksonville. The detectives used computer databases to identify several addresses associated with Campbell, one of which was 7635 Praver Drive East in Jacksonville. Detective Hughey contacted William Brown, a UPS employee, and told Brown to notify him if UPS received any packages designated for the addresses associated with Campbell.

         In January 2009, a UPS driver told Brown that he had a package addressed for a "Maureen Lawrence" at the Praver house. Brown took the package to his office, opened it, and found that it contained marijuana.[1] Brown contacted Detective Hughey, and he and Detective Bates arrived at the UPS facility shortly thereafter to inspect the package. The detectives saw the marijuana sitting in the open package, determined that it was in fact marijuana, resealed the package, and decided to make a controlled delivery of the package. The detectives also obtained an anticipatory search warrant to execute after successful delivery of the package.

         Police officers set up surveillance around the Praver house before making the controlled delivery. Detective Hughey observed a man, later identified as Campbell's brother, Alex, drive up to the house, pull into the garage, and close it. About five minutes later he opened the garage and drove off. A few minutes after Alex left, another vehicle arrived at the house and the passenger, who the police identified as Campbell, got out. The vehicle drove off, and a detective dressed in plainclothes walked up to Campbell in the front yard of the house to give him the package. Campbell stated that the package might belong to a sibling with the last name of Lawrence, but accepted the package and then put it inside the garage. He then closed the garage door from the outside, knocked on the front door, and an individual later identified as Tamario Wiley opened the front door and let Campbell inside. A few minutes later, Alex returned to the house, drove his vehicle inside the garage, and closed the garage door from the inside.

         The officers executed the search warrant about ten minutes later. They found the UPS package in a car parked in the garage; that car also contained another 50-pound package of marijuana. As the officers searched the house for marijuana, they found a number of other incriminating items: four firearms, including an assault rifle with a 100-round magazine; a laptop with an open screen displaying a UPS tracking number; a money counter; several thousand dollars in cash; a lease agreement naming Alex as the lessee of the Praver house; lease agreements for other houses; and storage unit rental agreements.

         The police arrested Campbell and his brother. When police asked Campbell where he lived, he initially gave the P.O. Box listed on his driver's license, but then identified the Praver house as his residence. The police searched Campbell and found over $5, 000 in cash and a small amount of marijuana on his person.

         The police used the documents from the Praver house to obtain search warrants for storage unit 226 at Atlantic Self-Storage and a house located at 4708 Trevi Drive in Jacksonville. Police found over $500, 000 in cash at the storage unit. At the Trevi house, police found money grams; hotel, car rental, and airline receipts; various notes containing addresses, phone numbers, and tracking numbers; and storage unit rental agreements. Those rental agreements led the police to conduct more authorized searches at other storage units, one of which (storage unit 2002) contained an assault rifle and boxes of shipping receipts connected to marijuana shipments.

         B. Procedural History

         A grand jury indicted Campbell, Alex, his mother, and his sister with conspiracy to distribute 1, 000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846. Campbell and his brother were also charged with possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A).

         Campbell filed a motion to suppress the evidence obtained from Brown's search of the package at the UPS facility, the officers' search of the Praver house, and the search of storage unit 2002. He also sought to exclude evidence taken from storage unit 226 and the Trevi house as fruits of the poisonous tree. As relevant here, the government argued that Campbell did not have standing to ...


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