526 F. App'x 551
6th Cir.2013Background
- Defendants Allen and Crawley pleaded guilty to brandishing weapons and bank robbery in Tennessee, but preserved appeal of denial of suppression of evidence from their Virginia traffic stop.
- Virginia State Trooper Lilly stopped them after observing a failure to signal a turn into a restaurant parking lot, with no front Virginia license plate and Maryland registration.
- Lilly learned Crawley had a non-extradition warrant in Georgia and other prior arrests; Allen had prior drug arrests, prompting backup and further investigation.
- Lilly questioned them separately; Crawley was invited to the trooper’s car, while searches and a K-9 sweep occurred with no dog alert.
- A hand-rolled cigarette found by Edwards was deemed marijuana; a trunk search yielded roughly $70,000 in cash and several firearms.
- District court denied suppression; Crawley was later designated a career offender for guidelines purposes, with challenges to that designation and to downward departures denied on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for stop and duration | Crawley alleges lack of probable cause to stop and overly long stop. | Lilly’s stop followed a traffic violation and extended only for safety and verification. | Stop supported by probable cause; extension reasonable under circumstances. |
| Search extension to trunk | Search extension beyond initial stop lacked probable cause. | Other indicators (cigarette, evasive stories, hidden compartment) supported expansion to trunk. | Probable cause supported extending search to trunk. |
| Seizure of Crawley in cruiser | Questioning in the cruiser amounted to unlawful seizure. | Crawley consented to questioning in cruiser. | Argument waived; even with waiver, consent and circumstances negate seizure claim. |
| Career offender designation | Two predicate offenses should be counted together as a common scheme. | Offenses occurred hours apart; should be treated as a single sentence for career-offender purposes. | Two offenses counted separately; Crawley properly labeled career offender. |
| Downward departures and § 3553(a) considerations | District court erred by failing to depart for diminished capacity and criminal-history considerations. | District court should have downward departure for overrepresented history and diminished capacity. | Court lacked jurisdiction to review departures; district court did not err in sentencing and considered relevant factors. |
Key Cases Cited
- United States v. Cochrane, 702 F.3d 334 (6th Cir. 2012) (standard for appellate view of suppression findings)
- United States v. Smith, 601 F.3d 530 (6th Cir. 2010) (reasonable suspicion and temporary investigative detentions)
- United States v. Davis, 430 F.3d 345 (6th Cir. 2005) (thirty-minute stop with reasonable suspicion is permissible)
- United States v. Crumb, 287 F. App’x 511 (6th Cir. 2008) (marijuana cigarette plus other evidence supports probable cause)
- United States v. Mans, 999 F.2nd 966 (6th Cir. 1993) (drug evidence plus cash supports search of trunk)
- Hall v. Warden, Lebanon Corr. Inst., 662 F.3d 745 (6th Cir. 2011) (waiver and procedural default principles for suppression claims)
- United States v. Atkinson, 354 F. App’x 250 (6th Cir. 2009) (guidelines relatedness and counting prior sentences)
- Jones, 698 F.3d 1048 (8th Cir. 2012) (same-day sentencing requirement for career-offender designation)