U.S. v. Pacheco-Donelson, 893 F.3d 757 (6/22/18) (Colo.)(published) – Mr. Pacheco-Donelson appealed a special condition of supervised release, which banned him from associating with any gang members. He challenged the ban only with respect to its inclusion of two of his foster brothers.
Mr. Pacheco-Donelson did not object in district court based on procedural reasonableness. The 10th determined he did show plain error. Additionally, the 10th found that the special condition was substantively reasonable because it was reasonably related to the statutory sentencing factors and did not deprive Mr. Pacheco-Donelson of greater liberty than reasonably necessary.
U.S. v. Vance, 893 F.3d 763 (6/22/18) (N.M.) –The 10th held that a police detective had reasonable suspicion for a traffic stop based on a lane change contrary to N.M. Stat. Ann. § 66-7-317(A). Mr. Vance argued that he did not violate the statute. The government asserted the traffic stop was valid under Heien v. North Carolina, 135 S.Ct. 530, 536 (2014) (“The question here is whether reasonable suspicion can rest on a mistaken understanding of the scope of a legal prohibition. We hold that it can.”), and that Mr. Vance violated the statute by not ascertaining the safety of his multi-lane movement. Judges Kelly and Murphy determined that the district court did not clearly err in finding that Mr. Vance could not have adequately determined whether his lane change could be made with safety, because a . . . passenger vehicle in the center lane blocked his view. Vance, 893 F.3d at 774.
In a concurring and dissenting opinion, Judge Phillips opined that the statute allowed Mr. Vance to change lanes so long as he ascertained safety and that the detective lacked reasonable suspicion for the stop. Vance, 893 F.3d at 776. Judge Phillips concluded: “I see no cases cited from the government authorizing stops to try to obtain confessions about conceivable crimes—or in hopes of finding evidence of unknown, unrelated crimes, evidence such as the smell of marijuana Detective Rael detected soon after the stop. We shouldn’t authorize stops in such circumstances.” Vance, 893 F.3d at 777.
Mr. Pacheco-Donelson did not object in district court based on procedural reasonableness. The 10th determined he did show plain error. Additionally, the 10th found that the special condition was substantively reasonable because it was reasonably related to the statutory sentencing factors and did not deprive Mr. Pacheco-Donelson of greater liberty than reasonably necessary.
U.S. v. Vance, 893 F.3d 763 (6/22/18) (N.M.) –The 10th held that a police detective had reasonable suspicion for a traffic stop based on a lane change contrary to N.M. Stat. Ann. § 66-7-317(A). Mr. Vance argued that he did not violate the statute. The government asserted the traffic stop was valid under Heien v. North Carolina, 135 S.Ct. 530, 536 (2014) (“The question here is whether reasonable suspicion can rest on a mistaken understanding of the scope of a legal prohibition. We hold that it can.”), and that Mr. Vance violated the statute by not ascertaining the safety of his multi-lane movement. Judges Kelly and Murphy determined that the district court did not clearly err in finding that Mr. Vance could not have adequately determined whether his lane change could be made with safety, because a . . . passenger vehicle in the center lane blocked his view. Vance, 893 F.3d at 774.
In a concurring and dissenting opinion, Judge Phillips opined that the statute allowed Mr. Vance to change lanes so long as he ascertained safety and that the detective lacked reasonable suspicion for the stop. Vance, 893 F.3d at 776. Judge Phillips concluded: “I see no cases cited from the government authorizing stops to try to obtain confessions about conceivable crimes—or in hopes of finding evidence of unknown, unrelated crimes, evidence such as the smell of marijuana Detective Rael detected soon after the stop. We shouldn’t authorize stops in such circumstances.” Vance, 893 F.3d at 777.
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