United States v. Lowe, 117 F.4th 1253

Scott Lowe was convicted of drug trafficking and unlawful possession of a firearm after police found narcotics and firearms in a storage unit in his apartment building.
Police searched the unit based on tips from a confidential informant and statements made by Lowe; the property manager authorized the search as the unit was not lawfully rented.
Lowe denied owning or using a storage unit when asked by his probation officer during his supervised release.
DNA and personal items linked Lowe to the contents of the unit, and incriminating statements were made by Lowe in recorded jail calls.
Lowe moved to suppress the evidence from the storage unit, claiming a Fourth Amendment privacy interest; the district court denied the motion.
On appeal, Lowe challenged the denial of his suppression motion, the sufficiency of the evidence, aspects of his sentencing, and sought resentencing under new sentencing guidelines.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to suppress evidence from storage unit	Lowe had a legitimate expectation of privacy as a tenant.	Police argue use was unauthorized; no lawful possessory interest.	No standing; use unauthorized—no objectively reasonable expectation of privacy.
Sufficiency of evidence for gun + drug conviction	Insufficient nexus between firearm and drug trafficking.	Sufficient evidence (drugs, gun, paraphernalia together).	Sufficient evidence found to affirm conviction.
Sentencing based on methamphetamine enhancement	Sentence wrongly enhanced for meth when only MDMA convicted.	Any detectable amount supports enhancement under precedent.	Enhancement upheld; trace meth supported by precedent.
Resentencing under Amendment 821	Sought remand for resentencing under new guidelines amendment.	Issue must first be decided by district court, not on appeal.	No jurisdiction on direct appeal—must file in district court.

United States v. Ruckman, 806 F.2d 1471 (10th Cir. 1986) (no objectively reasonable expectation of privacy for a trespasser on government-owned land)
United States v. Jones, 213 F.3d 1253 (10th Cir. 2000) (no privacy interest in premises occupied without owner’s permission)
United States v. Johnson, 584 F.3d 995 (10th Cir. 2009) (no reasonable expectation of privacy in storage unit rented with stolen identity; must show lawful possession)
Rakas v. Illinois, 439 U.S. 128 (1978) (Fourth Amendment standing requires a legitimate expectation of privacy)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence: any rational trier of fact could find elements beyond a reasonable doubt)
California v. Greenwood, 486 U.S. 35 (1988) (subjective expectation of privacy not sufficient unless objectively reasonable)