United States v. Jason Crain, 432 F. App'x 503

Crain was under police investigation for distributing cocaine and marijuana in Johnson City, Tennessee, leading to a storage-unit search on January 31, 2007 and a home search on February 1, 2007.
Police obtained a storage-unit warrant after information from law enforcement and found drugs and drug-distribution indicia, which supported subsequent warrants.
On February 1, 2007, Crain was followed by a drug-dog unit; after Crain left his residence, a traffic stop was conducted for speeding using a pacing method to measure speed.
Crain was asked about weapons or narcotics; he consented to a search but later refused a car search; a canine search led to the discovery of drugs in the trunk.
Crain was recorded saying, “You’ve got me. There’s a shit load of dope in there,” upon opening a suitcase containing drugs and drug paraphernalia.
In August 2007, Crain was charged by a five-count superseding indictment with drug distribution offenses and possession of firearms in furtherance of drug trafficking; he moved to suppress the evidence from the vehicle search.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preservation of suppression issue on appeal	Crain argues the waiver rule should be excused.	Crain failed to object to the magistrate judge’s report, waiving review.	Waiver affirmed; denial of suppression upheld.
Application of the two-level firearm enhancement	Crain contends the government failed to prove possession or connection of the firearm to the offense.	Government showed constructive possession and connection; burden shifts to Crain to show improbability.	Enhancement properly applied; Crain failed to show clear improbability.
Sentence within Guidelines range	District court did not adequately consider § 3553(a) factors and misapplied the guidelines.	Court properly weighed § 3553(a) factors and sentenced within the guidelines.	Sentence affirmed as procedurally and substantively reasonable.

United States v. Wheaton, 517 F.3d 350 (6th Cir. 2008) (standard for firearm enhancement connection to offense; constructive possession)
United States v. Catalan, 499 F.3d 604 (6th Cir. 2007) (burden shifting to show weapon’s lack of connection to offense)
United States v. Moses, 289 F.3d 847 (6th Cir. 2002) (factors for linking firearm to drug offense and probability considerations)