APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE. Hon. D. Brock Hornby, U.S. District Judge.
Peter J. Cyr and Law Offices of Peter J. Cyr on brief for appellant.
Thomas E. Delahanty II, United States Attorney, and René e M. Bunker, Assistant United States Attorney, on brief for appellee.
Before Thompson and Selya, Circuit Judges, and McConnell,[*] District Judge.
SELYA, Circuit Judge.
After the district court denied his motion for suppression, defendant-appellant Paul Arnott entered a conditional guilty plea, see Fed. R. Crim. P. 11(a)(2), reserving his right to challenge the suppression ruling. Following the imposition of sentence, the defendant acted upon this reservation and appealed. Having given the matter due consideration, we affirm.
We rehearse the facts as found by the district court (explicitly or implicitly) at the suppression hearing, consistent with record support. See United States v. Gonzalez, 609 F.3d 13, 15 (1st Cir. 2010).
This case has its genesis in a court order issued on November 16, 2011, which authorized a wiretap on a cellular telephone in the possession of James Brichetto (a suspected drug peddler). Between November
16 and December 28, federal agents overheard a host of drug-related conversations between Brichetto and his customers. During the same period, officers surveilled in real time an assortment of drug deals in which Brichetto was involved.
On December 28, agents intercepted a call between Brichetto and a potential customer, Michael Leavitt, in which Leavitt sought to purchase approximately 100 oxycodone pills. Brichetto asked whether Leavitt was with someone else, and Leavitt responded affirmatively. As the conversation wound down, Brichetto and Leavitt agreed to meet in the parking lot of a Walmart store in Scarborough, Maine.
Officer Joshua Guay, a member of the Scarborough police force seconded to work with a Drug Enforcement Administration task force, witnessed the meeting. Brichetto arrived in a silver truck that had been seen during previous drug deals. He parked next to a Saturn sedan. A passenger, later identified as Leavitt, left the Saturn and got into ...