United States v. Jarrell Wilkerson
20-5879
| 6th Cir. | Jul 12, 2021Background
- Late on July 27, 2019, an officer surveilling a high-crime street observed Jarrell Wilkerson carrying an AR-15–style rifle, repeatedly approach vehicles, deposit the rifle in a parked truck, and then retrieve it and leave the area.
- After Wilkerson drove away, officers followed a truck matching the description and observed a turn made without a signal; they stopped the vehicle and an officer smelled marijuana on approaching.
- Wilkerson admitted failing to signal; officers recovered a bag of marijuana, about 12 grams of cocaine (plus a small folded amount in a dollar bill), and the rifle with a loaded magazine from the truck; he was charged under 18 U.S.C. § 922(g)(1).
- Wilkerson moved to suppress the evidence from the traffic stop; the district court denied the motion. He pleaded guilty while reserving the right to appeal suppression and sentencing issues.
- At sentencing the district court applied a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) (firearm possessed in connection with drug trafficking) based on quantity, manner of possession, and agent testimony; Wilkerson received 60 months (below the guidelines range).
- On appeal Wilkerson argued (1) the stop lacked probable cause because video shows he signaled, and (2) the § 2K2.1(b)(6)(B) enhancement was improper because the cocaine was for personal use. The Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument (Wilkerson) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Probable cause for traffic stop | Video clearly shows Wilkerson used his turn signal, so stop was unlawful and evidence must be suppressed | Officers observed failure to signal, corroborated by testimony and Wilkerson’s admission on video; stop valid | Court deferred to district court credibility findings and affirmed denial of suppression; video did not clearly show signaling |
| Sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B) | 12 g of cocaine was for personal use; no classic trafficking indicia (scales, bulk cash); firearm had an innocent explanation | Quantity, folded cocaine in a dollar bill, expert testimony about behavior and firearm, and close proximity of gun and drugs support trafficking inference | Court affirmed enhancement: district court’s factual findings not clearly erroneous and enhancement properly applied |
Key Cases Cited
- United States v. Davis, 514 F.3d 596 (6th Cir. 2008) (standard: factual findings on suppression reviewed for clear error; legal conclusions de novo)
- United States v. Bell, 555 F.3d 535 (6th Cir. 2009) (officer may stop motorist when officer has probable cause to believe a traffic law was violated)
- Devenpeck v. Alford, 543 U.S. 146 (2004) (arrest/stop is lawful if facts known to officers give probable cause, regardless of stated reason)
- United States v. Moses, 289 F.3d 847 (6th Cir. 2002) (credibility determinations at suppression hearings receive considerable deference)
- United States v. Taylor, 956 F.2d 572 (6th Cir. 1992) (en banc) (findings anchored in credibility assessments are generally not reversed)
- United States v. Seymour, 739 F.3d 923 (6th Cir. 2014) (review of § 2K2.1(b)(6)(B) enhancement is deferential to district court factfinding)
- United States v. Jackson, 55 F.3d 1219 (6th Cir. 1995) (possession of a large quantity of drugs can permit an inference of intent to distribute)
- United States v. Neal, [citation="817 F. App'x 148"] (6th Cir. 2020) (enhancement does not specify a minimum drug quantity; small amounts can support trafficking inference)