United States of America v. Austin Grupee

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Before Torruella, Circuit Judge, Souter, Associate Justice, *fn1 and Boudin, Circuit Judge.

Austin Grupee was indicted for possession of firearms and ammunition as a felon, 18 U.S.C. _ 922(g)(1), and for possession of cocaine with the intent to distribute, 21 U.S.C. _ 841(a)(1). He pleaded guilty, but reserved the right to appeal the denial of a motion to suppress evidence found in his house and in a car parked in the driveway. He now appeals both that denial and the sentence imposed. We affirm.

Between 2007 and 2009, the Southeastern Massachusetts Gang Task Force*fn2 investigated street gangs in New Bedford, Massachusetts, and on May 28, 2008, Task Force officers applied for a warrant to arrest one Desmond Roderiques, age 16, for drug trafficking. They also applied for a warrant to search for “[a]ny and all cellular telephones belonging to Desmond Roderiques, [and] [a]ny and all paperwork relating to cellular phone ownership including manuals and similar paperwork” at 54 Bedford Street, a house that Roderiques shared with Grupee and several others.

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