United States v. Rice

1

UNITED STATES OF AMERICA, Plaintiff, v. HANNIE EUGENE RICE, Defendant.

No. 8:23CR188

United States District Court, D. Nebraska

July 31, 2024

FINDINGS AND RECOMMENDATION

Michael D. Nelson, United States Magistrate Judge

This matter comes before the Court on the Motion to Suppress Evidence and Request for Franks Hearing (Filing No 21) filed by Defendant, Hannie Eugene Rice. Defendant filed a brief (Filing No. 21-1) in support of the motion and the Government filed a brief in opposition (Filing No. 26). The Court held pre-hearing status conferences with counsel on January 17, March 7, and March 14, 2024.^[1] An evidentiary hearing on the motion was held on May 9, 2024.^[2] Defendant was present at the evidentiary hearing with his attorney, Federal Public Defender, Yvonne D Sosa. The Government was represented by Special Assistant United States Attorney, Joseph P. Meyer. Joshua Lee Townsend who at the time of the events at issue was a deputy with the Burt County Sheriff's Office (“Deputy Townsend”), and Dale L. Jones, the owner of the residence searched by law enforcement, testified at the hearing. The Court received into evidence Exhibits 1 through 11 offered by the Government, and Exhibits 101 to 108, and 110 offered by Defendant.

A transcript (TR.) of the hearing was prepared and filed on June 6, 2024. (Filing No. 46). At Defendant's request, the Court permitted post-hearing briefing, and advised the parties this matter would not be fully submitted until after such briefing. Defendant filed a supplemental brief (Filing No. 49) on June 26, 2024, and the Government filed a supplemental brief (Filing No. 50) on July 3, 2024. The matter is now fully submitted to the Court. For the following reasons, the undersigned magistrate judge will recommend that Defendant's motion be denied.

BACKGROUND

Defendant is charged in the Indictment with one count of possession with intent to distribute 5 grams or more of methamphetamine (actual), its salts, isomers, or salts of its isomers, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). (Filing No. 1). The evidence supporting the charge arises out of the execution of a search warrant at a residence located at 214 N. Thomas Avenue in Oakland Nebraska on May 6, 2023.^[3] The search warrant was issued by a Burt County county court judge on May 6, 2023, upon an application and affidavit submitted by Deputy Townsend. See Exhibit 1. Deputy Townsend's application and affidavit contained the following information:

a. Burt County Sheriff's Office is investigating individuals at 214 N Thomas Ave Oakland Nebraska for using and selling controlled substances. Your affiant is aware that Hannie Rice [Defendant], Richard McLean, Justin McLean, Ethan McLean, and Christine Bass all reside at this address.

b. In early January of 2023 your affiant arrested Samantha Craig for possessing methamphetamine. A couple of days after the arrest Ms. Craig informed your affiant that Brianna Tranmer and herself picked up a quarter pound of methamphetamine in November[] 2022 at 214 N Thomas Ave, Oakland, Nebraska. Ms. Craig further stated that Brianna Tranmer advised her that she had sold approximately 6 pounds of methamphetamine in Omaha, Nebraska within a short period of time and all the methamphetamine she obtained came from a guy named Hannie [Defendant] at 214 N Thomas Ave.

c. On January 14, 2023[,] Washington County Sheriff's Office arrested Brianna Tranmer for Possession of Methamphetamine with the Intent to Deliver.

d. On January 18, 2023[,] Your Affiant stopped and arrested Brianna Tranmer for Possession of Methamphetamine and Assault on two Law Enforcement Officers.

i. Ms. Tranmer advised your Affiant that she has obtained large quantities such as pounds of methamphetamine from her supplier. Ms. Tranmer advised that she was selling the methamphetamine that she obtained.

ii. After speaking to Ms. Tranmer initially your affiant reached out to DEA Task Force Officer Cleveland and wrote a search warrant for Ms. Tranmer's cellphone.

e. On January 19, 2023[,] your affiant obtained a search warrant for Ms. Tranmer's cellphone.

f. On January 20, 2023[,] your affiant and TFO Cleveland went to Washington County Jail in Blair[,] Nebraska to speak to Ms. Tranmer.

i. Ms. Tranmer advised authorities that she was obtaining a quarter pound of methamphetamine to a half a pound from [Defendant]. Ms. Tranmer advised authorities that she would message or call [Defendant] to set up when she would need more and that she paid [Defendant] through an app called Cash App and in person.

ii. Ms. Tranmer further advised that [Defendant] would get shipments in the mail by USPS for up to 3lbs of methamphetamine from a person in Somerset California. Ms. Tranmer advised that it would come in peanut butter and different things to disguise it.

iii. Ms. Tranmer also advised that [Defendant] works for a company that has him away from home a lot of the time.

g. After speaking to Ms. Tranmer your affiant gave TFO Cleveland Ms. Tranmer's cellphone to have it dumped by their Cellebrite system.

h. A couple of days later your affiant received the data from Ms. Tranmer's cellphone. Your affiant found numerous messages of Ms. Tranmer selling methamphetamine as well as obtaining methamphetamine from [Defendant] and cash app transactions from Ms. Tranmer to [Defendant]. Below are notable messages and cash app transactions between [Defendant] and Ms. Tranmer[:]

(Ex. 1 at pp. 3-6). The warrant affidavit then set forth several pages of text message exchanges from November 25, 2022, through December 21, 2022, between Defendant and Ms. Tranmer discussing payments and meeting points for apparent drug transactions, which included Defendant's residence (e.g., Defendant: “When you get here call I'll come out to show you the way”; Ms. Tranmer: “at your door”), as well as three CashApp payments from Ms. Tranmer to Mr. Rice on January 10, 12, and 13, 2023. (Ex. 1 at pp. 6-10). The warrant affidavit continues:

i. During the investigation TFO Cleveland reached out to a Post Master at USPS and found out that it showed packages from California were being shipped to 214 N Thomas Ave Oakland, Nebraska. TFO Cleveland had all new packages shipped to that address flagged. The packages then stopped coming in as it appeared [Defendant] had become spooked. Your affiant then reviewed messages from Ms. Tranmer while she was in custody and learned Ms. Tranmer was informing people that the feds tried getting her to roll on her supplier. After that time your affiant no longer observed [Defendant] at the residence at 214 N Thomas Ave, Oakland and also observed that the vehicle registered to him, a red Ford truck, remained parked at the residence and was not moved.

j. On April 8, 2023[,] your affiant received numerous complaints on Justin McLean about reckless driving in Oakland, Nebraska. Your affiant met up with Mr. McLean to discuss the complaints and advised Mr. McLean that he could leave at any time and that he was not detained. During the conversation your affiant asked Mr. McLean about people residing at 214 N Thomas. Mr. McLean advised that his two cousins live downstairs, with one being in the hospital and the other one being on the road for work. Mr. McLean advised that [Defendant] is his cousin that works on the road and advised that he will leave for a month or more and come back for a week or less. Mr. McLean was also asked about if Mr. McLean had obtained any employment as your affiant was aware that Mr. McLean had been seeking employment. Mr. McLean further stated that he does not currently have a job due to no one hiring and that he smokes marijuana almost every day at his residence to deal with anxiety. Mr. McLean further stated that he did not care about sharing that information with me because no one cares about marijuana anymore.

k. On May 3, 2023[,] your affiant was dispatched to locate a missing juvenile in Oakland, Nebraska. During the investigation your affiant learned the missing juvenile was seen with Ethan McLean after school. Your affiant went to 214 N Thomas Ave to speak to Ethan McLean. Your affiant arrived and was greeted by Richard McLean, Ethan McLean's father. Your affiant explained why he was there and what he had learned about where the missing juvenile was last seen. However, while speaking to Richard and Ethan McLean your affiant smelt a strong odor of marijuana emitting from the residence. Your affiant first noticed the smell when your affiant walked up to the residence and the smell became stronger once Richard McLean opened the door. Due to searching for the missing child your affiant did not apply for a search warrant at that time. Your affiant was also tied up with being the only officer on duty for Burt County Sheriff's Office on May 4, 2023.

l. The fact that Justin McLean advised he smokes marijuana every day and that [Defendant] was both possessing and selling methamphetamine makes it probable that they have their own paraphernalia to consume controlled substances. Your affiant is aware from his training and experience that methamphetamine users often use marijuana as well. Your affiant is also aware that people who smoke marijuana and methamphetamine often have their own drug paraphernalia.

m. On May 5, 2023[,] during surveillance of 214 N Thomas Ave your affiant observed that [Defendant]'s red truck was moved to the other side of the street, when it had previously been parked on the other side for multiple weeks without moving. Your affiant also observed a Washington State plated 2003 Chevy Truck. While continued surveillance of the residence your affiant observed a male subject who looked identical to [Defendant] along with an unknown male subject and unknown female subject. Your affiant was aware that Justin McLean was working

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