United States v. McKenzie-Gude
2011 U.S. App. LEXIS 24983
| 4th Cir. | 2011Background
- McKenzie-Gude pled guilty under a conditional plea to knowing possession of an unregistered firearm; he reserved challenges to suppression and to a Franks hearing.
- The Rockhurst Road residence was searched under a state warrant based on an affidavit linking McKenzie-Gude to the scene, but the affidavit failed to establish a nexus between him and the residence.
- The warrant inventory seized weapons, ammunition, chemicals, and other items; a separate search of Patrick Yevsukov’s former residence yielded post-blast evidence including a fingerprint tied to McKenzie-Gude.
- A federal indictment followed four months later; at sentencing, the district court relied on expert testimony about explosive materials and imposed a 61-month sentence after applying enhancements.
- McKenzie-Gude challenged suppression, Franks, and three sentencing enhancements on appeal; the Fourth Circuit affirmed in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Leon good-faith exception applies to the warrant despite lack of nexus | McKenzie-Gude: lack of nexus means no objective reasonableness | McKenzie-Gude contends Leon bars reliance on the warrant | Leon good faith applied; suppression denied |
| Whether a Franks hearing was warranted to challenge affidavit veracity | McKenzie-Gude seeks discovery of false statements | No material false statements or omissions shown | No Franks hearing required |
| Whether acceptance of responsibility adjustment was proper | Nale directs adjustment for acceptance | McKenzie-Gude admitted guilt but disputed conduct | District court did not clearly err in denying adjustment |
| Whether four-level enhancement for possession of eight to twenty-four destructive devices was proper | Stryker’s testimony supports likelihood of intent to make explosives | Insufficient showing to warrant enhancement | Enhancement supported by evidence; not clearly erroneous |
| Whether enhancement for possession of firearm in connection with another felony was proper | Plan to purchase firearms with obliterated serial numbers | No nexus shown beyond plan | Enhancement upheld based on conspiracy conduct |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good faith exception to the exclusionary rule; objective reasonableness)
- Herring v. United States, 555 U.S. 135 (U.S. 2009) (DM: good-faith standard informed by all circumstances)
- United States v. Legg, 18 F.3d 240 (4th Cir. 1994) (allowing contemporaneous statements to inform reasonableness of rely)
- United States v. Edwards, 798 F.2d 686 (4th Cir. 1986) (analysis of reasonable reliance on warrant)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (requirement for hearing when false statements/misconduct shown)
- United States v. Colkley, 899 F.2d 297 (4th Cir. 1990) (Franks-type inquiry; omissions/materiality)
- United States v. Owens, 848 F.2d 462 (4th Cir. 1988) (honest mistake in reporting address; not exclusionary)