United States v. Albert Ward, 400 F. App'x 991

Ward was convicted after trial of possessing with intent to distribute crack cocaine and maintaining a place for distribution.
Police discovered 792 grams of crack in Ward’s hotel room during a search conducted after Ward provided consent.
Before the search, Ward was detained at gunpoint outside Room 220 and questioned without Miranda warnings.
The district court denied Ward’s motions to suppress, finding his consent voluntary and the stop reasonable.
Ward challenged the use of one of his prior offenses for criminal history calculation, claiming it was a juvenile offense.
The district court counted the protected juvenile conduct for criminal history, affecting sentencing guidelines.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Ward’s consent to search voluntary?	Ward argues consent was coerced by detention.	Ward contends the search was tainted by an unlawful stop.	Consent voluntary; not tainted by stop.
Was the initial seizure/stop supported by reasonable suspicion?	Ward asserts no reasonable suspicion justified the stop.	Ward’s seizure was lawful under totality of circumstances.	Stop/seizure justified; search valid.
Did the district court properly apply the Guidelines regarding Ward’s criminal history?	Juvenile conduct should not be used to enhance criminal history.	Guidelines authorize adding points for juvenile offenses prosecuted as adults with imprisonment.	District court correctly added points; sentence affirmed.

Florida v. Royer, 460 U.S. 491 (U.S. 1983) (consent searches and the scope of the Fourth Amendment)
United States v. Riascos-Suarez, 73 F.3d 616 (6th Cir. 1996) (requirements for proving voluntary consent to search)
Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (voluntariness of consent under totality of circumstances)
United States v. Ivy, 165 F.3d 397 (6th Cir. 1998) (factors for voluntary consent include understanding rights)
Arvizu, 534 U.S. 266 (U.S. 2002) (reasonable suspicion as basis for stop under totality of circumstances)
Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (stop-and-frisk standards; reasonableness of intrusions)
United States v. Caruthers, 458 F.3d 459 (6th Cir. 2006) (two-part framework for evaluating stops)
United States v. Flores, 571 F.3d 541 (6th Cir. 2009) (application of totality-of-circumstances to suppress motions)
United States v. Worley, 193 F.3d 380 (6th Cir. 1999) (credibility and factual determinations reviewed for clear error)
United States v. Dietz, 577 F.3d 672 (6th Cir. 2009) (procedural reasonableness of sentencing when applying Guidelines)
Gall v. United States, 552 U.S. 38 (U.S. 2007) (standard for reasonableness review of sentences)