United States v. Reynaldo F. Alverez, 235 F.3d 1086 (8th Cir. 2000). · Go Syfert
United States v. Reynaldo F. Alverez, 235 F.3d 1086 (8th Cir. 2000). Cases Citing This Book View Copy Cite
110 citation events (110 in the last 25 years) across 13 distinct courts.
Strongest positive: State v. Castleberry (sd, 2004-08-18)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) State v. Castleberry (2×) also: Cited as authority (rule)
S.D. · 2004 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
we review for clear error the district court's findings of fact and de novo its determination that the fourth amendment was not violated.
examined Cited as authority (quoted) United States v. David Santana-Aguirre (4×) also: Cited as authority (rule), Cited "see"
8th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence low
because the troopers had probable cause to believe that contraband was secreted in the vehicle, in particular in the spare tire, they could lawfully complete a full and thorough search of the tire, including dismantling or damaging it.
examined Cited as authority (quoted) United States v. Santana-Aguirre (8×) also: Cited as authority (rule), Cited "see"
8th Cir. · 2008 · quote attribution · 2 verbatim quotes · confidence low
because the troopers had probable cause to believe that contraband was secreted in the vehicle, in particular in the spare tire, they could lawfully complete a full and thorough search of the tire, including dismantling or damaging it.
discussed Cited as authority (rule) United States v. Jesus Villanueva (2×)
8th Cir. · 2025 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000).
cited Cited as authority (rule) Bass v. John Doe
D.S.D. · 2024 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1088 (8th Cir. 2000) (citing United States v. Martel-Martines, 988 F.2d 855, 858 (8th Cir. 1993)).
cited Cited as authority (rule) United States v. Bryan Kirkendoll, II
8th Cir. · 2023 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000).
discussed Cited as authority (rule) United States v. John Beridon, Jr. (2×)
8th Cir. · 2022 · confidence medium
The Mitigating Role Adjustment Issue For an offense in which more than one participant was involved, Section 3B1.2 of the Guidelines authorizes a sliding scale of total offense reductions “for a defendant who plays a part in committing the offense that makes him substantially less culpable than the average participant,” § 3B1.2, cmt. n.3(A) -- four-levels if he was a “minimal” participant, two-levels if he was a “minor” participant, and three- levels if his role fell between minor and minimal. “[W]hether a defendant qualifies for a minor participant reduction is a question of fa…
discussed Cited as authority (rule) Commonwealth v. Valdivia, R., Aplt.
Pa. · 2018 · confidence medium
See, e.g., Jimeno, 500 U.S. at 251-52 (“It is very likely unreasonable to think that a suspect, by consenting to the search of his trunk, has agreed to the breaking open of a locked briefcase within the trunk, but it is otherwise with respect to a closed paper bag”); United States v. Alverez, 235 F.3d 1086, 1089 (8th Cir. 2000 ) (cutting of spare tire likely exceeded scope of consensual search in absence of probable cause); United States v. Osage, 235 F.3d 518, 520-21 (10th Cir. 2000) (explaining that court had previously hinted that a search could be “so invasive or destructive” as to…
discussed Cited as authority (rule) United States v. Eleuterio Murillo-Salgado (2×)
8th Cir. · 2017 · confidence medium
See United States v. Guevara, 731 F.3d 824, 829-31 (8th Cir. 2013) (concluding that when officers conducting a consensual search of a lawfully stopped vehicle discovered a hidden compartment in the vehicle’s engine, they no longer needed consent to conduct a destructive search of the engine because they then had probable cause); United States v. Alverez, 235 F.3d 1086, 1089 (8th Cir. 2000) (concluding that when officers conducting a consensual search of a disabled vehicle moved cardboard in the trunk, discovered a usable spare tire, and knew that motorists had slept in the car during an ice …
discussed Cited as authority (rule) State v. Bowman
Neb. Ct. App. · 2014 · confidence medium
Cf., United States v. Lyons, 510 F.3d 1225 (10th Cir. 2007) (concluding that officer had probable cause to cut open spare tire following echo test, therefore finding it unnecessary to address whether driver’s consent to search extended to officer’s actions); United States v. Alverez, 235 F.3d 1086, 1089 (8th Cir. 2000) (determining that law enforcement’s cutting of spare tire “likely exceeded the scope of the consensual search,” but concluding officers had probable cause to extend search due to hearing thudding noise inside spare tire).
discussed Cited as authority (rule) United States v. Susana Guevara (2×) also: Cited "see"
8th Cir. · 2013 · confidence medium
“Consensual searches generally cannot be destructive.” United States v. Santana-Aguirre, 537 F.3d 929, 932 (8th Cir.2008) (citing United States v. Alverez, 235 F.3d 1086, 1088-89 (8th Cir.2000)).
discussed Cited as authority (rule) United States v. Garcia
D.N.M. · 2013 · confidence medium
See, e.g., United States v. Harfst, 168 F.3d at 402-03 (“There' is no per se rule in this circuit that couriers are minor or minimal participants.”) (citing United States v. Ballard, 16 F.3d 1110, 1116 (10th Cir.1994)); United States v. Santos-Garcia, 313 F.3d 1073, 1081 (8th Cir.2002) (“ ‘A role as a courier does not automatically entitle a defendant to a downward adjustment.’ ”) (quoting United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000)); Ajala v. United States Parole Comm’n, 997 F.2d 651, 656 (9th Cir.1993) (“[T]he mere fact that á defendant acted as a drug carri…
cited Cited as authority (rule) United States v. Gayekpar
8th Cir. · 2012 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000).
discussed Cited as authority (rule) Garcia v. State
Tex. App. · 2010 · confidence medium
See United States v. Santana-Aguirre, 537 F.3d 929, 933 (8th Cir.2008) (holding that destruction of large, plain, and inexpensive candles was not unreasonable because the officer had probable cause to believe the candles contained contraband), cert. denied, - U.S. -, 129 S.Ct. 2051 , 173 L.Ed.2d 1135 (2009); United States v. Alverez, 235 F.3d 1086, 1089 (8th Cir.2000) (holding that because officers had probable cause to believe the spare tire contained contraband, “they could lawfully complete a full and thorough search of the tire, including dismantling or damaging it”).
discussed Cited as authority (rule) Philip Andrew Garcia v. State
Tex. App. · 2010 · confidence medium
Garcia does point to the officer’s testimony that he would not drink coffee that had been tainted by someone placing his finger in the coffee grounds. -8- 04-09-00446-CR 235 F.3d 1086, 1089 (8th Cir. 2000) (holding that because officers had probable cause to believe the spare tire contained contraband, “they could lawfully complete a full and thorough search of the tire, including dismantling or damaging it”).
discussed Cited as authority (rule) United States v. Adamson (2×)
8th Cir. · 2010 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000).
discussed Cited as authority (rule) United States v. Navas
S.D.N.Y. · 2009 · confidence medium
See, e.g., Snow, 44 F.3d at 133 (allowing search of duffel bag inside vehicle in part because “no damage to the bags was required to gain access”); United States v. Alverez, 235 F.3d 1086, 1088-89 (8th Cir.2000) (“Although an individual consenting to a vehicle search should expect that search to be thorough, he need not anticipate that the search will involve the destruction of his vehicle, its parts or contents.”) (quoting United States v. Strickland, 902 F.2d 937, 942 (11th Cir. 1990)); United States v. Ferrer-Montoya, 483 F.3d 565, 568 (8th Cir.2007) (officer’s interpretation reas…
discussed Cited as authority (rule) United States v. Vargas-Miranda
D. Neb. · 2008 · confidence medium
“Although an individual consenting to a vehicle search should expect that search to be thorough, he need not anticipate that the search will involve the destruction of his vehicle, its parts or contents.” U.S. v. Alverez, 235 F.3d 1086, 1088-89 (8th Cir. 2000).
discussed Cited as authority (rule) Medvar v. State
Ga. Ct. App. · 2007 · confidence medium
United States v. Alverez, 235 F3d 1086, 1089 (II) (A) (8th Cir. 2000) (officer permitted to slash a spare tire that made a thudding sound when shaken, as if full of contraband); United States v. Martel-Martines, 988 F2d 855, 858-859 (II) (8th Cir. 1993) (Officers had probable cause to conduct a warrantless search of a hidden compartment by punching a hole into it.).
discussed Cited as authority (rule) United States v. Michael Siwek
8th Cir. · 2006 · confidence medium
Although in his brief Siwek alluded to the unreasonableness of destroying the contents of a vehicle during a consent search, see United States v. Alverez, 235 F.3d 1086, 1089 (8th Cir.2000), Siwek’s counsel acknowledged at oral argument that Goltz did not destroy anything while conducting the search.
discussed Cited as authority (rule) United States v. Michael Siwek
8th Cir. · 2006 · confidence medium
Although in his brief Siwek alluded to the unreasonableness of destroying the contents of a vehicle during a consent search, see United States v. Alverez, 235 F.3d 1086, 1089 (8th Cir. 2000), Siwek’s counsel acknowledged at oral argument that -8- Goltz did not destroy anything while conducting the search.
cited Cited as authority (rule) United States v. Robert Leon Roberson, United States of America v. Donald Leonard Sturgis
8th Cir. · 2006 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1088 (8th Cir.2000).
cited Cited as authority (rule) United States v. Robert Leon Roberson
8th Cir. · 2006 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1088 (8th Cir. 2000).
discussed Cited as authority (rule) United States v. Luis Zuleta
8th Cir. · 2005 · confidence medium
Such a determination is typically factual, and we thus review for clear error. *1086 United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000) (quoting United States v. Hale, 1 F.3d 691, 694 (8th Cir.1993)).
cited Cited as authority (rule) United States v. Luis Zuleta
8th Cir. · 2005 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000) (quoting United States v. Hale, 1 F.3d 691, 694 (8th Cir. 1993)).
discussed Cited as authority (rule) Fernandez v. State
Ga. Ct. App. · 2005 · confidence medium
Further, when an officer has probable cause to believe a sealed compartment in an automobile contains contraband, he may lawfully search it “including dismantling [it] or damaging it.” (Citation omitted.) United States v. Alverez, 235 F3d 1086, 1089 (II) (A) (8th Cir. 2000) (officer permitted to slash a spare tire that made a thudding sound when shaken, as if full of contraband); United States v. Martel-Martines, 988 F2d 855, 858-859 (II) (8th Cir. 1993) (Officers had probable cause to conduct a warrantless search of a hidden compartment by punching a hole into it.).
discussed Cited as authority (rule) State v. Lockstedt (2×)
S.D. · 2005 · signal: cf. · confidence medium
Cf. United States v. Alverez, 235 F3d 1086, 1088 (8thCir 2000).
cited Cited as authority (rule) United States v. Jaime Eleazar Bustos-Torres, United States of America v. Armando Magallan-Alfaro
8th Cir. · 2005 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000).
cited Cited as authority (rule) United States v. Jaime Bustos-Torres
8th Cir. · 2005 · confidence medium
United States v. Alvarez, 235 F.3d 1086, 1090 (8th Cir. 2000).
cited Cited as authority (rule) United States v. M. Corona-Ramirez
8th Cir. · 2005 · confidence medium
United States v. Wells, 347 F.3d 280, 287 (8th Cir.2003); United States v. Alverez, 235 F.3d 1086, 1089 (8th Cir. 2000).
discussed Cited as authority (rule) United States v. Simitrio J. Aviles
8th Cir. · 2004 · confidence medium
See United States v. Santos-Garcia, 313 F.3d 1073, 1081 (8th Cir.2002); United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000), cert. denied, 532 U.S. 1031 , 121 S.Ct. 1983 , 149 L.Ed.2d 774 (2001); United States v. Carrazco, 91 F.3d 65, 67 (8th Cir.1996).
cited Cited as authority (rule) United States v. Maurice Morehead
8th Cir. · 2004 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000).
cited Cited as authority (rule) United States v. Maurice Morehead
8th Cir. · 2004 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000).
discussed Cited as authority (rule) United States v. Hermosillo-Banuelos
8th Cir. · 2004 · confidence medium
See U.S.S.G. § 3B1.2, comment, (n.5) (minor participant means “a defendant ... who is less culpable than most other participants, but whose role could not be described as minimal”); United States v. Santos-Garda, 313 F.3d 1073, 1081 (8th Cir.2002) (role as courier does not automatically entitle defendant to downward adjustment); cf. United States v. Ortiz, 236 F.3d 420, 422 (8th Cir.2001) (affirming denial of minor-participant reduction where defendant drove car used for transporting drugs and *577 seemed quite aware of what was happening during drug sale); United States v. Alverez, 235 F…
discussed Cited as authority (rule) United States v. Cody Stanley
8th Cir. · 2004 · confidence medium
We have generally reviewed the district court’s decision to grant or deny a sentencing reduction based on the defendant’s role for clear error, however, “[bjecause the evaluation of a participant’s status in the offense involves a factual determination.” United States v. Field, 110 F.3d 587, 590 (8th Cir.1997); see also United States v. Camacho, 348 F.3d 696, 700-01 (8th Cir.2003) (reviewing the denial of a minor role reduction for clear error despite little dispute about the underlying facts); United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000) (“ ‘Whether a defendant q…
discussed Cited as authority (rule) United States v. Cody Stanley
8th Cir. · 2004 · confidence medium
We have generally reviewed the district court’s decision to grant or deny a sentencing reduction based on the defendant’s role for clear error, however, “[b]ecause the evaluation of a participant’s status in the offense involves a factual -3- determination.” United States v. Field, 110 F.3d 587, 590 (8th Cir. 1997); see also United States v. Camacho, 348 F.3d 696, 700-01 (8th Cir. 2003) (reviewing the denial of a minor role reduction for clear error despite little dispute about the underlying facts); United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000) (“‘Whether a defen…
discussed Cited as authority (rule) United States v. Casey M. Yirkovsky (2×)
8th Cir. · 2003 · signal: cf. · confidence medium
Cf. United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000) (“Although we review the district court’s interpretation and construction of the sentencing guidelines de novo, ‘[w]hether a defendant qualifies for a minor participant reduction is a question of fact, the determination of which we review for clear error.’” (alteration in original) (citation omitted)).
examined Cited as authority (rule) United States of America, Appellee/cross-Appellant v. Casey Marie Yirkovsky, Appellant/cross-Appellee (4×)
8th Cir. · 2003 · signal: cf. · confidence medium
Cf. United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000) ("Although we review the district court's interpretation and construction of the sentencing guidelines de novo, `[w]hether a defendant qualifies for a minor participant reduction is a question of fact, the determination of which we review for clear error.'" (alteration in original) (citation omitted)).
cited Cited as authority (rule) United States v. Billy Jo Lara
8th Cir. · 2003 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1089-90 (8th Cir. 2000).
discussed Cited as authority (rule) United States v. Billy Jo Lara, Also Known as Billy Joe Lara (2×)
8th Cir. · 2003 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1089-90 (8th Cir.2000).
discussed Cited as authority (rule) United States v. Humberto Santos-Garcia, United States of America v. Mario Sanchez-Nunez
8th Cir. · 2003 · confidence medium
However, “[a] role as a courier does not automatically entitle a defendant to a downward adjustment.” United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000), cert. denied, 532 U.S. 1031 , 121 S.Ct. 1983 , 149 L.Ed.2d 774 (2001).
cited Cited as authority (rule) United States v. H. Santos-Garcia
8th Cir. · 2002 · confidence medium
However,"[a] role as a courier does not automatically entitle a defendant to a downward adjustment." United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000), cert. denied, 532 U.S. 1031 (2001).
discussed Cited as authority (rule) United States v. Louis Monk
8th Cir. · 2002 · confidence medium
DISCUSSION "[W]e review the district court's interpretation and construction of the sentencing guidelines de novo." United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir. 2000), cert. denied, 532 U.S. 1031 (2001) (Alverez).
discussed Cited as authority (rule) United States v. Louis Monk, Jr.
8th Cir. · 2002 · confidence medium
DISCUSSION “[W]e review the district court’s interpretation and construction of the sentencing guidelines de novo.” United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000), cert. denied, 532 U.S. 1031 , 121 S.Ct. 1983 , 149 L.Ed.2d 774 (2001) (Alverez ).
discussed Cited as authority (rule) United States v. John J. Fellers (2×)
8th Cir. · 2002 · confidence medium
Finally, Fellers argues that the district court erred in denying him a two-level reduction as a minor participant. “[W]hether a defendant qualifies for a minor participant reduction is a question of fact, the determination of which we review for clear error.” United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000) (quoting United States v. Hale, 1 F.3d 691, 694 (8th Cir.1993)).
discussed Cited as authority (rule) United States v. John J. Fellers
8th Cir. · 2002 · confidence medium
So long as a district court is aware of its authority to depart downward, as it clearly was in this case, its refusal to exercise its discretion to depart from the applicable guideline range is unreviewable, United States v. Evidente, 894 F.2d 1000, 1004-05 (8th Cir. 1990), and thus Fellers’s challenge fails. -7- Finally, Fellers argues that the district court erred in denying him a two-level reduction as a minor participant. “[W]hether a defendant qualifies for a minor participant reduction is a question of fact, the determination of which we review for clear error.” United States v. Al…
cited Cited as authority (rule) United States v. Saul Rodriguez
8th Cir. · 2002 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1090 (8th Cir.2000), cert. de *348 nied, 582 U.S. 1031 , 121 S.Ct. 1983 , 149 L.Ed.2d 774 (2001).
discussed Cited as authority (rule) State of Tennessee v. Gonzalo Moran Garcia
Tenn. Crim. App. · 2002 · signal: cf. · confidence medium
App. Ct. 1999); see also United States v. Zapata, 180 F.3d 1237, 1243 (11th Cir. 1999)(holding that a police officer did not exceed the scope of a general consent when he removed an interior door panel of an automobile with his fingers, dislocating two plastic clips; “a search does not exceed the scope of consent merely because an officer forces open a secured compartment that reasonably may contain the objects of the search”); United States v. Flores, 63 F.3d 1342, 1362 (5th Cir. 1995)(holding that police did not exceed scope of general consent by removing two screws and two vent covers f…
cited Cited as authority (rule) United States v. Samuel Alcantar, Elias Real-Flores.
8th Cir. · 2001 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1088 (8th Cir.2000). *738 The touchstone of the Fourth Amendment is reasonableness.
cited Cited as authority (rule) United States v. Samuel Alcantar
8th Cir. · 2001 · confidence medium
United States v. Alverez, 235 F.3d 1086, 1088 (8th Cir. 2000).
UNITED STATES of America, Appellee,
v.
Reynaldo F. ALVEREZ, Appellant
00-1531.
Court of Appeals for the Eighth Circuit.
Dec 26, 2000.
235 F.3d 1086
Thomas A. Wagoner, argued, Grand Island, NE, for appellant., Michelle J. Oldham, argued, Lincoln, NE, for appellee.
Wollman, Beam, Arnold.
Cited by 77 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #38,449 of 633,719
Citer courts: Eighth Circuit (3)
WOLLMAN, Chief Judge.

Reynaldo Alverez appeals from the district court’s [1] final judgment sentencing him to 188 months of imprisonment and five years of supervised release for his[*1088] conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). We affirm.

I.

On February 22, 1999, Nebraska State Trooper Michael Korte observed a 1994 Honda Del Sol with expired California license plates parked for several hours at a rest area adjacent to Interstate 80 near Grand Island, Nebraska. The trooper investigated and conversed with Alverez, who was walking toward the car. Alverez stated that he was the car’s owner and was waiting for his cousin, the other occupant of the vehicle, to return with sealant to fix the car’s fiat front tire. According to Al-verez, the tire had been damaged the previous evening and both men had remained in the car overnight. Trooper Korte noted that an ice storm had passed through the area the previous night. Alverez replied that he had occasionally started the car’s engine to heat the vehicle.

Further conversation elicited that Alver-ez had begun the trip in California and was traveling to Chicago to visit his father. Alverez first stated that he would be staying only a few days, but amended his statement to “probably a week” after Trooper Korte expressed surprise that Al-verez would drive so far for such a short stay. During this conversation, the passenger returned with tire sealant, and Al-verez began to fix the tire. Trooper Korte inquired whether there were any narcotics or illegal firearms in the vehicle, which Alverez denied. The trooper then requested permission to search the car, which Alverez granted.

Another trooper joined Trooper Korte, whereupon the officers searched the vehicle. In the trunk of the car, the troopers observed a crate containing bottles of juice and a small duffel bag containing clothes. After removing these items and some cardboard flooring, the troopers noticed a fully inflated spare tire that appeared to match those on the car. The officers unbolted the tire and shook it. Hearing several thudding noises, they unsuccessfully attempted to break the tire loose from the rim. Trooper Korte then cut through the tire’s sidewall, an action that exposed approximately seven pounds of methamphetamine.

Based on the report and recommendation of a magistrate judge, [2] the district court denied Alverez’s motion to suppress the methamphetamine evidence. Alverez was convicted of the narcotics possession crime after a bench trial.

II.

A.

Alverez first argues that his motion to suppress should have been granted because the troopers exceeded the scope of his consent to search by removing and then cutting the tire. Alverez does not dispute that he gave consent to search his vehicle, including the trunk, for drugs or firearms.

We review for clear error the district court’s findings of fact and de novo its determination that the Fourth Amendment was not violated. United States v. Hogan, 25 F.3d 690, 692 (8th Cir.1994). A search resulting from an individual’s general statement of consent is limited by boundaries of reasonableness. United States v. Martel-Martines, 988 F.2d 855, 858 (8th Cir.1993). “The standard for measuring the scope of a suspect’s consent under the Fourth Amendment is that of ‘objective’ reasonableness — what would the typical reasonable person have understood by the exchange between the officer and the suspect?” Florida v. Jimeno, 500 U.S. 248, 251, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991). “Although an individual consenting to a vehicle search should expect that[*1089] search to be thorough, he need not anticipate that the search will involve the destruction of his vehicle, its parts or contents.” Uni ted States v. Strickland, 902 F.2d 937, 942 (11th Cir.1990); see also Arizona v. Hicks, 480 U.S. 321, 324, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987) (seizure of property occurs when governmental intrusion “meaningfully interferes” with individual’s possessory interest). Accordingly, the cutting of the spare tire likely exceeded the scope of the consensual search and may well have required suppression of the evidence had the officers not had probable cause to expand the search.

We need not speculate on what the outcome would have been had the troopers relied solely upon the consent given by Alvarez, however, because observations made during the consensual search gave the officers probable cause to believe that there was contraband in the vehicle, thus lawfully expanding the scope of search under the automobile exception to the warrant requirement. United States v. Ross, 456 U.S. 798, 823, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982). The “warrantless search of an automobile, predicated on consent, may be expanded beyond the scope of the consent when it yields a basis for a reasonable articulable suspicion that additional contraband may be found in parts of the car not included in the consent.” United States v. Casares-Cardenas, 14 F.3d 1283, 1286 (8th Cir.1994).

The troopers’ action in moving the items and the cardboard covering in order to view smaller areas in the trunk that could easily contain drugs or weapons was objectively reasonable in light of Alverez’s consent; indeed, Alverez did not object to such action. See United States v. Hammons, 152 F.3d 1025, 1027 (8th Cir.1998) (objectively reasonable pursuant to valid consensual search of automobile to search bags in trunk that could contain object of search); Martel-Martines, 988 F.2d at 858 (silence gave rise to reasonable belief that defendant consented to minimally intrusive puncture of truck bed). Removing the cardboard exposed what appeared to be a usable spare tire that matched the other tires on the car but which did not appear to have been moved from its location, despite the damaged front tire. The fact that Alverez and his passenger had remained in the small vehicle during the overnight ice storm and had purchased tire sealant rather than attempting to use the apparently usable spare tire gave the officers a reasonable suspicion that the tire or the area around it contained contraband and thus probable cause to remove the tire and examine it more closely.

The thudding sound produced by the tire as it was being inspected indicated that it was being used as a container. Because the troopers had probable cause to believe that contraband was secreted in the vehicle, in particular in the spare tire, they could lawfully complete a full and thorough search of the tire, including dismantling or damaging it. Martel-Martines, 988 F.2d at 858-59 (defendant’s evasive and inconsistent responses to routine questions and inaccessible .hidden compartment built onto underside of truck aroused suspicion and gave probable cause to puncture hole in truck bed). Accordingly, the court did not err in denying Alverez’s motion to suppress.

B.

Second, Alverez contends that the indictment against him should have been dismissed as a violation of the Double Jeopardy Clause of the Fifth Amendment because the State of Nebraska had already seized some of his property in connection with the drug possession for which the federal charges were brought. Under the Double Jeopardy Clause, “a defendant is protected from both successive prosecutions and multiple punishments for the same criminal offense.” United States v. Bennett, 44 F.3d 1364, 1368 (8th Cir.1995). To make out a successful claim under the clause, a defendant must show that “the two offenses charged are in law and fact[*1090] the same offense.” Id. The district court’s denial of a motion to dismiss an indictment on the grounds of double jeopardy is reviewed de novo. Id.

After Alverez’s arrest, Nebraska instituted forfeiture proceedings to seize the $309.00 that Alverez had on his person at the time. Regardless of whether this particular forfeiture amounts to a criminal punishment, it is well established that the Double Jeopardy Clause does not prevent the federal government from prosecuting the defendant for a violation of federal law based on the same acts for which he was subject to proceedings in Nebraska. Abbate v. United States, 359 U.S. 187, 194-96, 79 S.Ct. 666, 3 L.Ed.2d 729 (1959); United States v. Kummer, 15 F.3d 1455, 1460-61 (8th Cir.1994). Accordingly, this claim fails.

C.

Lastly, Alverez argues that the court erred when it declined to grant him, pursuant to sentencing guidelines section 3B1.2, a downward adjustment in offense level for having a minor or minimal role in the offense. See U.S.S.G. § 3B1.2. The burden is on the defendant to demonstrate that he is entitled to the reduction. United States v. Chatman, 119 F.3d 1335, 1341 (8th Cir.1997). Although he owned and drove the car, Alverez contends that he was unaware that the spare tire, which had been given to him by another individual, contained contraband, and that he thus was merely an unknowing courier entitled to the reduction.

Although we review the district court’s interpretation and construction of the sentencing guidelines de novo, United States v. Snoddy, 139 F.3d 1224, 1227 (8th Cir.1998), “[w]hether a defendant qualifies for a minor participant reduction is a question of fact, the determination of which we review for clear error.” United States v. Hale, 1 F.3d 691, 694 (8th Cir.1993). Under section 3B1.2, a defendant may receive a reduction in his offense level if his role is “minimal” or “minor,” as determined by “comparing the acts of each participant in relation to the relevant conduct for which the participant is held accountable, [and] also by measuring each participant’s individual acts and relative culpability against the elements of the offense.” Snoddy, 139 F.3d at 1228 (quoting United States v. Padilla-Pena, 129 F.3d 457, 471 (8th Cir.1997)). Even a defendant who is decidedly less culpable than his co-defendants is not entitled to the minor participant reduction if he is “deeply involved” in the criminal acts. United States v. Thompson, 60 F.3d 514, 518 (8th Cir.1995) (citation omitted). A role as a courier does not automatically entitle the defendant to a downward adjustment. “Transportation is a necessary part of illegal drug distribution, and the facts of the case are critical in considering a reduction for minor role.” United States v. Martinez, 168 F.3d 1043, 1048 (8th Cir.1999).

The district court declined to reduce Alverez’s offense level because it concluded that Alverez was not less culpable than other participants involved in the possession crime. The court noted that there was ample evidence that Alverez was aware of the substantial quantity of narcotics in the tire, the amount for which Alverez was held accountable. Alverez may have been only a courier for a larger distribution operation, but his sentence was based solely on the quantity of drugs in his vehicle. See Hale, 1 F.3d at 695 (no clear error in denial of minor participant status when defendant responsible only for transaction he facilitated). The amount of narcotics in Alverez’s car was substantial and was consistent with a finding of possession with intent to distribute. On these facts, we discern no clear error in the district court’s ruling. See Chatman, 119 F.3d at 1341 (no clear error in denying minor participant status w’hen defendant drove own vehicle, amount of drugs suggested distribution, and defendant lacked clothing or luggage for the trip); Martinez, 168 F.3d at 1048 (no clear error in denial based on defendant’s demeanor and[*1091] statements, appearance of trunk interior, manner in which drugs were hidden, and substantial quantity of drugs).

The judgment is affirmed.

1

. The Honorable Warren K. Urbom, United States District Judge for the District of Nebraska.

2

. The Honorable David L. Piester, United States Magistrate Judge for the District of Nebraska.