United States v. White

Narcotics investigator Williams received information from a confidential source that White was selling marijuana from a Covington, Tennessee location. Williams enlisted the confidential source to execute a “controlled buy” from White. After reviewing the recorded audio-video footage of the transaction, which occurred in the driveway, and conducting additional investigation, Williams prepared an affidavit and obtaining a search warrant for the address, stating: A sudden and forceful entry is clearly necessary ... due to ... White’s extensive criminal history … Albert is also known to have dogs believed to [be] pit bulls. The ensuing search uncovered over a pound of marijuana, a firearm, ammunition, and $32,000 in cash, some of which was traced to the controlled buy. The district court agreed with White that the affidavit failed to establish probable cause, but denied a motion to suppress, noting defendant’s failure to object to the magistrate’s good-faith ruling. Convicted as a felon in possession of a firearm and of ammunition, 18 U.S.C. 922(g)(1), White was sentenced to 33 months in prison, concurrent with an on-going state sentence for his probation violation. The Sixth Circuit affirmed, rejecting arguments that the court erred in denying the motion to suppress and committed plain error in failing to specify the “start date” for his federal sentence or adjusting it under USSG. 5G1.3(b). View "United States v. White" on Justia Law