United States v. Rashid Carter
662 F. App'x 342
| 6th Cir. | 2016Background
- FBI intercepted calls and GPS for Rashid Carter indicating travel from Akron, OH, to Chicago to buy heroin; conversations showed Chanda Wilson acted as a broker for Carter.
- FBI and OSHP conducted surveillance; Trooper Laughlin used an LTI 20-20 laser and troopers paced Carter’s vehicle, leading to a traffic stop for speeding.
- During the stop officers smelled raw marijuana, performed a pat-down (finding marijuana on passenger Jasmine Sanders), and searched the vehicle, discovering a revolver and ~250 grams of heroin.
- Carter moved to suppress the evidence; the district court denied suppression. Carter pleaded guilty to conspiracy and possession of a firearm in furtherance of a drug offense, reserving the suppression issue on appeal.
- Wilson pleaded guilty to conspiracy and was sentenced to concurrent 37-month terms; at sentencing the court calculated drug quantity at 400–700g and denied a mitigating-role reduction under U.S.S.G. § 3B1.2.
- On appeal the Sixth Circuit affirmed denial of suppression for Carter, vacated Wilson’s sentence and remanded for resentencing under Amendment 794 to § 3B1.2 (retroactive clarifying commentary).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for initial traffic stop (speeding) | Carter: laser/pacing evidence unreliable; he only said he thought he was speeding | Government: officers observed speeding (laser + pacing) and Carter admitted speeding | Stop supported by probable cause; district court's factual findings not clearly erroneous |
| Probable cause to search vehicle (marijuana odor) | Carter: officers' accounts inconsistent; odor was fabricated | Government: officers credibly testified to smelling raw marijuana and had drug-detection experience | Search supported by probable cause based on officers' credible testimony about marijuana odor |
| Mitigating-role reduction under U.S.S.G. § 3B1.2 | Wilson: she was a minor participant, made calls only, no profit or prior drug involvement | Government: Wilson facilitated multiple purchases and was integral to Chicago connection | Amendment 794’s clarification applies retroactively; remand for resentencing so district court can apply amended commentary |
| Drug-quantity attribution for sentencing | Wilson: Carter was caught with ~250g, so quantity should be lower | Government: phone calls and prior purchases supported larger quantity estimate | District court's 400–700g finding was supported by a preponderance of evidence; that calculation affirmed |
Key Cases Cited
- United States v. Gross, 550 F.3d 578 (6th Cir.) (standard of review for suppression findings)
- United States v. Freeman, 209 F.3d 464 (6th Cir.) (traffic violation gives probable cause for stop)
- United States v. Wellman, 185 F.3d 651 (6th Cir.) (speeding as traffic violation supporting stop)
- United States v. Ivy, 165 F.3d 397 (6th Cir.) (credibility findings on suppression reviewed for clear error)
- United States v. Taylor, 956 F.2d 572 (6th Cir.) (weight of district court’s credibility determinations)
- United States v. Jeross, 521 F.3d 562 (6th Cir.) (drug-quantity findings reviewed for clear error; estimate must be by preponderance)
- Gall v. United States, 552 U.S. 38 (2007) (standard for reasonableness review of a sentence)
- United States v. Quintero-Layva, 823 F.3d 519 (9th Cir.) (Amendment 794 is clarifying and retroactive)