United States v. Rashawn Gill
2012 U.S. App. LEXIS 14563
6th Cir.2012Background
- Gill was arrested after informant Holmes arranged to buy five ounces of cocaine from Gill at Vine Street, Cincinnati.
- Gill arrived driving a green Acura; he fled briefly, dropped a set of keys, and was detained during a Terry stop; marijuana was found on Gill and a loaded handgun was recovered near the stop.
- Law enforcement used Gill’s dropped keys to access the Acura, where five ounces of cocaine were later found following a dog alert.
- Gill was indicted on three counts: felon in possession of a firearm, possession of cocaine with intent to distribute, and possession of a firearm in furtherance of a drug-trafficking crime.
- Gill moved to suppress evidence; after trial, he moved for acquittal on Count Three; the district court denied both motions.
- Gill was convicted on all counts; the district court sentenced to concurrent five-year terms on Counts One and Two and a consecutive five-year term on Count Three.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stop-and-frisk/search violated Terry | Gill contends frisk exceeded Terry limits. | United States asserts permissible under Terry and probable cause. | Probable cause supported arrest; suppression affirmed only on other grounds. |
| Whether search of the Acura incident to arrest was lawful | Gill argues improper search absent valid justification post-arrest. | United States maintains incident-to-arrest search valid under then-current law. | Search of Acura lawful; no fourth amendment violation. |
| Whether the district court applied correct legal standards on suppression | Gill argues misapplication of ‘reasonable suspicion’ vs. ‘probable cause’ standard and overlooked testimony. | United States claims de novo review confirms probable cause and proper standard. | Court applied correct standard; probable cause existed. |
| Whether there was a sufficient nexus for Count Three (in furtherance) to sustain the conviction | Gill challenges nexus between firearm and drug crime. | United States demonstrates nexus via weapon’s location, loading, concealability, and relation to sale. | Sufficient nexus; Count Three upheld. |
Key Cases Cited
- United States v. Strickland, 144 F.3d 412 (6th Cir. 1998) (probable cause from corroborated informant tips without seeing drug sale)
- United States v. Higgins, 557 F.3d 381 (6th Cir. 2009) (lack of corroboration of informant statements undermines probable cause)
- United States v. Mackey, 265 F.3d 457 (6th Cir. 2001) (analysis of nexus factors for 924(c) conviction)
- United States v. Ham, 628 F.3d 801 (6th Cir. 2011) (nexus assessment when contraband found with firearm)
- United States v. Street, 614 F.3d 228 (6th Cir. 2010) (additional nexus considerations for 924(c) conviction)
- United States v. White, 871 F.2d 41 (6th Cir. 1989) (vehicle search incident to arrest prior to Gant rule)