United States v. Dennis Porter, 510 F. App'x 377

This case stems from a police sting in which McGee and Porter were convicted of conspiracy to possess with intent to distribute five kilograms or more of cocaine.
An informant connected Porter to prior armed robberies; undercover agents planned a sting robbery using firearms obtained in a prior uncharged robbery.
During the operation, McGee recruited Barkley, retrieved weapons, and the crew proceeded toward the planned storage facility; arrests followed at the scene for Porter, Nop, and Barkley, while McGee escaped but was later captured.
After arrests, firearms found at Porter’s mother's house linked to the plan; McGee’s prior uncharged robbery evidence was discussed at trial.
Porter confessed after a Miranda waiver; he pled guilty to conspiracy and received a 210-month sentence, with McGee sentenced to 204 months.
On appeal, McGee challenges the admission of the prior robbery evidence, sufficiency of the conspiracy evidence, ineffective assistance claims, and the sentence; Porter challenges suppression waiver, firearm-enhancement, and cocaine-quantity enhancements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior uncharged robbery evidence	McGee argues Rule 404(b) requires exclusion or separate analysis.	McGee contends the evidence is prejudicial; the district court misapplied 404(b).	Intrinsic to conspiracy; no 404(b) analysis required; no abuse of discretion.
Sufficiency of evidence for conspiracy	Government proved agreement, knowledge, and participation.	Lacked proof McGee talked with Nether, guns on date, or entry into storage facility.	Evidence supported agreement, knowledge, and participation; no manifest miscarriage of justice.
Ineffective assistance of counsel	Counsel failed to timely object and to move for acquittal.	Counsel’s performance prejudicial; errors tainted trial.	Direct-review waiver; issue reserved for collateral review if pursued.
McGee's sentence reasonableness within guidelines	District court overweighted the offense seriousness.	Sentence should reflect balanced § 3553(a) factors; district court erred.	Sentence presumptively reasonable; no reversible error; within-range and properly reasoned.
Porter sentencing enhancements (firearm and drug quantity)	Enhancements improper or unsupported by facts.	Porter alone is responsible for co-conspirators’ possession; drug quantity lacks proof.	Firearm enhancement upheld; drug-quantity enhancement affirmed as supported by agent’s statements and defendant’s involvement.

United States v. Jenkins, 345 F.3d 928 (6th Cir. 2003) (Rule 404(b) testing for intrinsic vs extrinsic evidence)
United States v. Davis, 514 F.3d 596 (6th Cir. 2008) (abuse of discretion standard for 404(b) rulings)
United States v. Barnes, 49 F.3d 1144 (6th Cir. 1995) (intrinsic vs extrinsic acts; continuing pattern or intertwined acts)
United States v. Cox, 565 F.3d 1013 (6th Cir. 2009) (mere cessation not withdrawal from conspiracy)
United States v. Lash, 937 F.2d 1077 (6th Cir. 1991) (withdrawal requires affirmative actions beyond mere cessation)
United States v. Johnson, 344 F.3d 562 (6th Cir. 2003) (defining possessed weapon during conspiracy for § 2D1.1(b)(1))
United States v. Pruitt, 156 F.3d 638 (6th Cir. 1998) (possession elements for firearm enhancements)
United States v. Trejo-Martinez, 481 F.3d 409 (6th Cir. 2007) (collateral review and sentencing factors)
United States v. Solinger, 464 F. App’x 485 (6th Cir. 2012) (scoping of appellate review for sentencing within guidelines)
United States v. Guest, 564 F.3d 777 (6th Cir. 2009) (rejecting sentencing entrapment defenses)
United States v. Gardner, 488 F.3d 700 (6th Cir. 2007) (sentencing factor manipulation considerations)
Gall v. United States, 552 U.S. 38 (U.S. 2007) (reasonable sentence standard; within-Guidelines presumption)