Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

Investigators from the DEA and Owensboro Police Department began an investigation in September 2021 into suspected methamphetamine trafficking involving Cedric Swanagan and Courtland Reed. Wiretap evidence, corroborated by intercepted communications and witness testimony, linked Swanagan and Reed to multiple drug transactions, including a key February 2022 incident where Reed paid Nicole Toliver for methamphetamine that was found in her car during a traffic stop. Both defendants were ultimately indicted for conspiracy and possession with intent to distribute large quantities of methamphetamine.The United States District Court for the Western District of Kentucky presided over the consolidated trial. Swanagan moved to suppress evidence from the wiretap, arguing the supporting affidavit contained intentional or reckless falsehoods, but the court denied his motion without a Franks hearing, finding no substantial preliminary showing of falsity. At trial, law enforcement officers testified about intercepted calls, interpreting slang and summarizing conversations. The district court managed objections to this testimony, ensuring officers spoke from personal experience and refrained from narrating facts beyond their direct knowledge. Reed was shackled during trial, but the court took steps to conceal this from the jury. After jurors potentially saw defendants in shackles in the courthouse lobby, the court conducted voir dire and found no actual prejudice. Both defendants were convicted, and the court denied motions for acquittal and new trial. Swanagan was sentenced to 360 months based on enhancements for his leadership in the conspiracy and prior convictions; Reed received a 300-month sentence based in part on a prior burglary conviction.The United States Court of Appeals for the Sixth Circuit affirmed the convictions and Swanagan’s sentence, finding no reversible error in evidentiary rulings, jury management, or sufficiency of the evidence. The court vacated Reed’s sentence, holding that his Kentucky burglary conviction did not qualify as a “serious violent felony” for sentence enhancement under 21 U.S.C. §§ 841 and 851, and remanded for resentencing. View "United States v. Reed" on Justia Law

In this case, Ricco Saine was approached by police in a motel parking lot after a BOLO alert indicated he was suspected of narcotics trafficking. Officers, believing the motel was a known drug location, called in a K9 unit, which alerted on Saine’s truck. A subsequent search uncovered a firearm and a small amount of a substance believed to be marijuana, though its identity was not confirmed. Weeks later, officers investigating at Saine’s home discovered additional firearms, some of which had been purchased by Saine’s wife, Tonya, with Saine present. Police later obtained a text exchange between Saine and Tonya, indicating she had his gun in their house.The United States District Court for the Eastern District of Tennessee denied Saine’s motion to suppress the firearm found in his truck, rejecting his argument that the K9’s inability to distinguish between legal hemp and illegal marijuana invalidated probable cause for the search. At trial, the court also admitted the text exchange between Saine and Tonya, overruling Saine’s objections that it constituted inadmissible hearsay and impermissible propensity evidence under Federal Rule of Evidence 404(b). The jury returned guilty verdicts on both counts of unlawful possession of a firearm as a convicted felon.Reviewing the case, the United States Court of Appeals for the Sixth Circuit held that a K9 alert supplies probable cause for a vehicle search, even when the dog cannot distinguish between legal and illegal cannabis, as probable cause depends on probabilities, not certainties. The court also found that the admission of the text exchange was proper, as it was used to show Saine’s knowledge rather than propensity, and any prejudicial effect did not substantially outweigh its probative value. The court affirmed Saine’s conviction. View "United States v. Saine" on Justia Law

Kevin Clay and his associate founded a pharmaceutical sales company that marketed compounded prescriptions directly to patients, promising them a share of the insurance reimbursements for each prescription filled. The company partnered with a pharmacy willing to pay a portion of the insurance proceeds and recruited employees from a local business whose health plan covered these prescriptions. Patients were directed to a doctor who readily prescribed the creams, resulting in millions of dollars in reimbursements over two years. Clay established a public charity to reduce his tax burden but used its funds for personal expenses and failed to comply with nonprofit requirements.The United States District Court for the Northern District of Ohio oversaw Clay’s trial. A jury convicted him of conspiracy to commit healthcare fraud, healthcare fraud, and making a false statement to the IRS, but acquitted him of a separate tax charge. The court sentenced Clay to 51 months’ imprisonment and ordered restitution totaling nearly $7 million to both Fiat Chrysler and the IRS. Clay appealed his convictions, sentence, and restitution orders.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed Clay’s convictions and rejected his challenges to the jury instructions and evidentiary rulings. However, it found error in the district court’s restitution orders and the application of a sentencing enhancement. Specifically, the Sixth Circuit held that restitution should not include payments for medically necessary prescriptions and that the apportionment of restitution must consider each defendant’s contribution and economic circumstances. The court also determined the restitution order to the IRS was not properly substantiated and included acquitted conduct. Finally, the case was remanded for further proceedings on restitution and for clarification or reconsideration of the leadership sentencing enhancement. View "United States v. Clay" on Justia Law

Joe’Veon Penson Willis operated a residence used for drug trafficking with his half-brother. On Christmas Day 2021, the two streamed a Facebook Live video describing their drug business, which drew the attention of federal authorities. Shortly afterward, agents from the ATF and DEA executed a search warrant at their house, discovering significant quantities of methamphetamine and fentanyl, multiple firearms, and drug paraphernalia in various rooms. Further investigation established that Willis had used a straw purchaser to acquire at least some of the firearms.Willis was charged in the United States District Court for the Northern District of Ohio with maintaining a drug premises and two counts of aiding and abetting false statements in the purchase of firearms. He pled guilty without a written plea agreement. At sentencing, Willis objected to a two-level sentencing enhancement for maintaining a drug premises, arguing that it constituted impermissible double-counting because the underlying offense and enhancement addressed the same conduct. He also challenged the attribution of certain drugs found in shared spaces to him. The district court rejected these objections, adopted the presentence report in full, and imposed three concurrent sentences of 135 months, which was below the advisory Guidelines range.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed Willis’s arguments de novo for double-counting and for abuse of discretion regarding substantive reasonableness. The court held that applying the two-level enhancement for maintaining a drug premises, even when the underlying conviction was for that same conduct, was permissible given clear Congressional intent. The court also found the sentence substantively reasonable and adequately supported by the record. Although the court acknowledged a technical error in the length of the firearm-related sentences exceeding statutory maximums, it determined this had no practical effect because all sentences ran concurrently. Accordingly, the Sixth Circuit affirmed the district court’s judgment. View "United States v. Willis" on Justia Law

A Michigan State Trooper conducted a traffic stop after observing a vehicle with expired registration. The passenger, Adam Santos, was identified as a convicted felon, currently on probation, and flagged in police databases as possibly armed and dangerous. During the stop, the trooper noticed Santos acting nervously and avoiding searching a cross-body bag when asked for identification. After obtaining the driver’s consent to search the vehicle, the trooper removed both occupants from the car for safety. While frisking Santos, the trooper felt a weight in the bag consistent with a firearm. A struggle ensued when the trooper attempted to open the bag, and a gun was recovered. Santos was indicted for unlawful possession of a firearm by a felon.The United States District Court for the Western District of Michigan denied Santos’s motion to suppress the gun, finding that the officer’s actions were justified by concerns for safety and that the driver voluntarily consented to the vehicle search. The court also found the frisk of Santos and the subsequent search of the bag permissible, given the reasonable suspicion and probable cause developed during the stop.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed the district court’s legal conclusions de novo and its factual findings for clear error. The appellate court held that the trooper did not violate Santos’s Fourth Amendment rights. The stop was lawfully initiated, and the questions and actions taken by the officer, including the removal of both occupants and the frisk of Santos, were justified by safety concerns based on specific, articulable facts. The court affirmed the district court’s denial of the suppression motion, holding that neither the duration nor the scope of the stop nor the search of Santos’s bag was unconstitutional. View "United States v. Santos" on Justia Law

Milder Escobar-Temal, a Guatemalan national, unlawfully entered the United States in 2012, living and working in Nashville, Tennessee. In October 2022, Nashville police responding to a domestic incident found three firearms at his residence. He was charged with unlawful possession of a firearm under 18 U.S.C. § 922(g)(5)(A), which prohibits possession of firearms by individuals unlawfully present in the United States. Escobar-Temal had no prior criminal convictions except a dismissed charge for driving without a license.The United States District Court for the Middle District of Tennessee denied Escobar-Temal’s motion to dismiss the indictment, in which he argued that § 922(g)(5)(A) violated the Second Amendment both facially and as applied. The district court reasoned that, while the Second Amendment’s protections may extend to unlawfully present persons, historical tradition supported disarming those who had not sworn allegiance to the state. After denying the motion, Escobar-Temal pleaded guilty but reserved the right to appeal the constitutional issue.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s judgment. The Sixth Circuit held that the Second Amendment does protect individuals unlawfully present in the United States if they have developed sufficient connections to the national community. However, it further held that there is a longstanding historical tradition of disarming groups lacking a formal relationship with the government, such as unlawfully present noncitizens, due to regulatory difficulties rather than inherent dangerousness. Therefore, the court concluded that § 922(g)(5)(A) does not violate the Second Amendment, either on its face or as applied to Escobar-Temal, and affirmed his conviction and sentence. View "United States v. Escobar-Temal" on Justia Law

Troy Williams pleaded guilty to various federal offenses, including drug trafficking, firearm possession by a felon, and money laundering, and was sentenced to 198 months in prison, which was below the applicable sentencing guideline range. Williams has a history of serious medical conditions—thrombophilia and recurrent deep vein thrombosis—that require ongoing management, including regular blood testing and medication. Nearly ten years into his sentence, Williams sought compassionate release, asserting that inadequate medical care at his current facility placed him at risk of severe health complications or death.After Williams filed his pro se motion for compassionate release in the United States District Court for the Northern District of Ohio, counsel was appointed to supplement his arguments. Williams claimed the Bureau of Prisons was not providing sufficient medical care, particularly after his transfer to FCI Coleman, where he alleged infrequent blood testing and interruptions in medication. He also argued the sentencing factors under 18 U.S.C. § 3553(a) favored his release. The district court reviewed his medical records and expert testimony from the prison’s clinical director, ultimately finding that Williams’s care was not so deficient as to amount to extraordinary and compelling circumstances. The district court further concluded that, even if such circumstances were present, the sentencing factors did not support early release. Williams timely appealed.The United States Court of Appeals for the Sixth Circuit reviewed the district court’s denial for abuse of discretion, considering legal questions de novo and factual findings for clear error. The Sixth Circuit held that the district court did not clearly err in finding that Williams’s medical care was adequate and that his situation did not present extraordinary and compelling circumstances under the relevant Sentencing Commission policy statement. Accordingly, the Sixth Circuit affirmed the denial of Williams’s motion for compassionate release. View "United States v. Williams" on Justia Law

Donald Sims was serving a term of supervised release after a prior federal conviction for being a felon in possession of a firearm, following an earlier similar conviction. After his release from prison in 2021, Sims initially showed signs of improvement, including negative drug tests and stable employment. However, he later admitted to drug use and, in 2024, was found by police to be in possession of cocaine and drug paraphernalia during a traffic stop. Sims pleaded guilty in state court to felony cocaine possession and received a nine-month sentence. His probation officer then cited him for violating his supervised release by unauthorized drug use, cocaine possession, and failure to report police contact.The United States District Court for the Northern District of Ohio conducted a revocation hearing. Sims admitted violating his supervised release but denied ownership of the cocaine. The district court found his denial not credible, citing his guilty plea and the circumstances of the stop. Although the advisory Sentencing Guidelines range was seven to thirteen months, the court imposed an 18-month sentence to run consecutive to his state sentence, citing Sims’s pattern of violations and the need for deterrence. Defense counsel objected to the upward variance.On appeal, the United States Court of Appeals for the Sixth Circuit reviewed whether the sentence was procedurally and substantively reasonable. The Sixth Circuit held that the district court did not commit procedural error by considering Sims’s state sentence or by finding that his conduct amounted to trafficking based on the evidence. The court also found that the district court adequately explained its reasons for an above-Guidelines sentence and properly weighed the relevant sentencing factors. The Sixth Circuit affirmed the district court’s judgment, holding that the 18-month consecutive sentence was both procedurally and substantively reasonable. View "United States v. Sims" on Justia Law

Federal agents, while investigating a drug conspiracy in 2019, intercepted two parcels containing nearly five kilograms of methamphetamine addressed to the defendant’s residence. An undercover agent delivered these parcels, which the defendant accepted. Postal records indicated she had received seven similar parcels over several months. The defendant was arrested and indicted along with others involved in the conspiracy. Her admitted role was accepting the drug parcels and turning them over to co-conspirators.The defendant pled guilty to conspiracy to distribute controlled substances. At her sentencing in the United States District Court for the Middle District of Tennessee, the judge considered her difficult background, resilience, and family responsibilities, ultimately imposing a sentence of 12 months, well below the guideline range of 57 to 71 months. The court granted her a delayed prison report date, but she failed to report as ordered. After her failure to surrender, she was charged with criminal contempt under 18 U.S.C. § 401(3), pled guilty, and was sentenced to 11 months for contempt, to run consecutively to her prior sentence.The United States Court of Appeals for the Sixth Circuit reviewed the procedural and substantive reasonableness of the contempt sentence. The court held that to determine whether contempt is a felony for sentencing purposes, the conduct underlying the contempt must be compared to analogous federal offenses. Here, the defendant’s conduct—failing to surrender for service of sentence—was identical to the felony described in 18 U.S.C. § 3146, and thus, the district court properly applied the felony guideline §2J1.6. The appellate court also found the district court’s analysis of the sentencing factors thorough and appropriate. The judgment of the district court was affirmed. View "United States v. Owens" on Justia Law

Gene Roper, a convicted sex offender, was required to register his location under the Sex Offender Registration Notification Act due to a prior conviction for attempted lewdness with a child under 14. After repeated violations of registration requirements and additional criminal conduct, including multiple failures to register, resisting arrest, and battery, Roper moved from Nevada to Tennessee without notifying authorities, resulting in his fourth failure-to-register offense. His history also included significant mental health challenges, homelessness, and substance abuse issues.The United States District Court for the Eastern District of Tennessee accepted Roper’s guilty plea to the federal failure-to-register charge. At sentencing, the court imposed a 30-month prison term, which Roper did not appeal. However, the court also ordered a 20-year term of supervised release, exceeding the five-year period recommended by the Sentencing Guidelines but remaining under the statutory maximum of life. The district court justified this decision by referencing Roper’s mental health needs, criminal history, repeated noncompliance with prior supervision, and risk to public safety. The court also ordered conditions such as mental health treatment and substance abuse testing.Roper appealed to the United States Court of Appeals for the Sixth Circuit, arguing that the district court erred procedurally by relying on his mental illness to lengthen his supervised release, and that the sentence was substantively unreasonable. The Sixth Circuit held that it was permissible for the district court to consider mental health issues as one factor among several when determining the length of supervised release. The appellate court found no abuse of discretion in the district court’s justification and affirmed the 20-year term, concluding that it was reasonable under the circumstances and did not violate statutory or constitutional limits. View "United States v. Roper" on Justia Law