United States v. Dempsey Gilmore
23-12062
11th Cir.Mar 21, 2025Background
- Dempsey Gilmore was convicted and sentenced to 360 months for drug trafficking and firearm offenses after a high-speed chase, flight, and seizure of drugs and weapons.
- During the attempted stop and pursuit, Gilmore discarded drugs and a loaded handgun from a vehicle and fled into a residence where additional evidence was seized.
- Police seized surveillance equipment pursuant to a warrant which referenced but did not present an attachment (Exhibit A) listing such items at the search.
- At trial, Gilmore contested the sufficiency of the evidence linking him to the conspiracy, the drugs, and the firearm, as well as the seizure of electronics not specified at the time the warrant was presented.
- Post-verdict, Gilmore's outburst in court led to an obstruction-of-justice sentencing enhancement. Gilmore appealed his conviction, suppression ruling, sufficiency of evidence, and sentencing.
- The appellate court affirmed the convictions and most of the sentence, but sua sponte vacated and remanded one count for exceeding the statutory maximum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of DVR/SD card evidence | Warrant did not specify or present items to be seized at search | Items were incorporated by reference in warrant, and seizable via plain view | Denial of suppression affirmed; seizure was permissible |
| Sufficiency of evidence (conspiracy, drugs, gun) | No evidence of conspiracy or direct forensic link | Circumstantial and direct evidence, including conduct and packaging | Sufficient evidence; conviction affirmed |
| Obstruction of justice enhancement | Outburst was not material, did not impact proceedings | Intimidation and disruption obstructed the administration of justice | Sentencing enhancement affirmed |
| Sentence above statutory maximum (Count 4) | Not raised on appeal | N/A | Sentence vacated/reduced to statutory maximum (120 mo.) |
Key Cases Cited
- United States v. Thomas, 818 F.3d 1230 (11th Cir. 2016) (Suppression review standards)
- United States v. Smith, 459 F.3d 1276 (11th Cir. 2006) (Plain view doctrine criteria)
- Texas v. Brown, 460 U.S. 730 (1983) (Scope/reasonableness of plain view seizures)
- United States v. Westry, 524 F.3d 1198 (11th Cir. 2008) (Sufficiency of evidence, de novo review)
- United States v. Ware, 69 F.4th 830 (11th Cir. 2023) (Flight as evidence of consciousness of guilt)
- United States v. Wright, 854 F.2d 1263 (11th Cir. 1988) (Obstructing justice by disrupting court proceedings)
- United States v. Pon, 963 F.3d 1207 (11th Cir. 2020) (Remanding sentences exceeding statutory maximums)