956 F.3d 879
6th Cir.2020Background
- On March 28, 2015, Carrie Dobbins died of a fentanyl/heroin overdose; toxicology and autopsy showed a lethal fentanyl level and recent injection evidence.
- Texts from Carrie to the number (330) 815-4514 (linked to Sumlin/alias “TJ”) show a short exchange about "how much" and Sumlin saying he was "on my way," with instructions to wait until Carrie’s mother left.
- Witnesses (Carrie’s sister Amanda Kelly and mother Julie Dobbins) observed a Chrysler matching Sumlin’s car at the house that morning and Kelly saw Sumlin with Carrie around 8:45 a.m.
- Police linked Sumlin to a Firestone Boulevard residence by observing his car there, utility payments in his girlfriend’s name, records of prior arrests at that address, and a domestic-incident report; Detective Schmidt prepared an affidavit and obtained a search warrant.
- The April 2015 search recovered large quantities of fentanyl and heroin, scales, packaging, and cash; Sumlin was indicted for distribution causing death and two possession-with-intent counts, tried, convicted, and sentenced to life imprisonment.
Issues
| Issue | Plaintiff's Argument (Gov't) | Defendant's Argument (Sumlin) | Held |
|---|---|---|---|
| Validity of search warrant / nexus to residence | Affidavit established probable cause that Sumlin trafficked drugs, lived at Firestone Blvd, and dealers keep evidence at home; therefore warrant was valid. | Affidavit lacked facts showing wrongdoing at the residence or recent distribution from the home (relying on Brown). | Affidavit provided sufficient nexus; magistrate had substantial basis for probable cause; suppression denied. |
| Admission of Amanda Kelly’s testimony (relevance / Rule 404(b)) | Testimony about her past drug purchases from Sumlin and relationship to Carrie was intrinsic background (res gestae), probative of identity, context for texts, and relevant to witness credibility. | Testimony was inadmissible character/other-acts evidence; should be excluded or analyzed under Rule 404(b). | Testimony was relevant and intrinsic/res gestae; properly admitted to contextualize texts, identify "TJ," and bear on credibility; no abuse of discretion. |
| Sufficiency of evidence that Sumlin distributed drugs that caused death | Texts, witness IDs, timing (last seen), toxicology, recovered drugs, and post-event conduct supported distribution and causation beyond a reasonable doubt. | Other dealers were texted by Carrie that morning and no one saw Sumlin hand drugs to Carrie; government failed to prove he supplied the fatal drugs. | Viewing evidence in govt’s favor, a rational jury could find Sumlin supplied the drugs and that fentanyl caused death; sufficiency upheld. |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- United States v. Brown, 828 F.3d 375 (6th Cir. 2016) (insufficient nexus to support search of residence)
- United States v. McCoy, 905 F.3d 409 (6th Cir. 2018) (prior convictions plus recent reliable evidence can establish nexus to residence)
- United States v. Frazier, 423 F.3d 526 (6th Cir. 2005) (probable cause review limited to four corners of affidavit; totality of circumstances)
- United States v. Jenkins, 396 F.3d 751 (6th Cir. 2005) (probable cause standard for search warrants)
- United States v. Jones, 159 F.3d 969 (6th Cir. 1998) (drug dealers likely keep evidence at home)
- Burrage v. United States, 571 U.S. 204 (2014) (standard for enhanced penalty when drug distribution results in death)
- United States v. Barnes, 49 F.3d 1144 (6th Cir. 1995) (intrinsic vs. extrinsic acts framework)
- United States v. Hardy (Marlondo), 228 F.3d 745 (6th Cir. 2000) (res gestae/background evidence admissible)
- United States v. Price, 329 F.3d 903 (6th Cir. 2003) (Rule 404(b) does not apply to evidence that is itself probative of the charged crime)