United States v. Likins

84 F. App'x 504
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 3, 2003
DocketNo. 01-6252
StatusPublished
Cited by2 cases

This text of 84 F. App'x 504 (United States v. Likins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Likins, 84 F. App'x 504 (6th Cir. 2003).

Opinion

SARGUS, District Judge.

Phillip E. Likins entered a conditional plea of guilty to possession with intent to distribute 100 kilograms or more of marijuana in violation of 21 U.S.C. § 841(a)(1). Pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure, Likins reserved the right to appeal the decision of the district court denying his motion to suppress evidence seized from his real property by law enforcement authorities.

On appeal, Likins asserts that the district court erred in denying his motion to suppress and contends that the affidavit submitted to a state court judge was insufficient to form the basis for the issuance of a search warrant. In addition, Likins contends that the district court erred in imposing a two-level enhancement under U.S.S.G. § 2Dl.l(b)(l) for possession of a firearm during a drug offense and that the district court failed to apply the safety valve adjustment under U.S.S.G. § 5C1.2. For the reasons set forth below, the decision rendered and sentence imposed by the district court are AFFIRMED in all respects.

I.

The search warrant challenged by Likins was issued by a state judge of the district court of Grayson County, Kentucky on October 27, 2000. Detective Billy Edwards, an officer with the Elizabeth-town Police Department and a member of the Hardin County Narcotics Task Force applied for the warrant and submitted a five page affidavit in support of the application.

The affidavit begins with a description of Edwards’s contact with Drug Enforcement Administration (“DEA”) Special Agent Steve Neher. The affidavit recounts:

On the 27th of October 2000, at approximately 0515 hours, affiant received the following information: Affiant was contacted by S/A Steve Neher of the Drug Enforcement Administration (DEA). S/A Neher advised he had been in contact with a Confidential Reliable Source (CRS) who stated that a person known to the CRS as Phillip Likins was currently in possession of a large quantity of marijuana. The CRS had advised the marijuana was inside a semi-tractor sleeper at a residence in Grayson County.
As a result of the contact with S/A Neher, I then spoke with the CRS. The CRS advised that a Phillip Likins was involved in the Distribution of Marijuana, that he would go to El Paso, Texas and acquire the marijuana, bring it back to Kentucky and then it would be distributed. Stated Likins and his wife Beverly were from the Corbin, Kentucky area and they had only been living over in Grayson County outside of Caneyville, Ky. for approximately 1 to/ years.
Stated that Floyd Likins, a brother to Phillip was also staying at the residence in Grayson County and he was also from the Corbin area. Stated Phillip and Floyd went back and forth between Caneyville and Corbin.
The CRS stated Phillip did not put vehicles in his name, that he would leave them in other persons name or have someone else register them for him. Stated there was a beige Nissan Altima, two roll backs (Car haulers), backhoes and other vehicles were currently being maintained at the residence, as well as a semi tractor that was pulled into the bar behind the residence. The CRS stated there were duffle bags containing processed marijuana inside the sleeper of the semi tractor. The CRS stated this observation and detection had occurred within the last 24 hours.
[507]*507The CRS stated that Floyd Likins was at the location and was acting as a guard on the marijuana in the barn. The CRS stated that he would sleep in the barn and would have weapons there to protect the marijuana.
The CRS stated the smell of processed and green marijuana was known to the CRS, that the CRS had been around processed marijuana and had previously smelled it before. The CRS stated that nothing else smelled like processed or green marijuana and the CRS had no doubt that there was processed marijuana inside the semi tractor., The CRS stated the semi tractor was either a Kenworth or Peterbilt. The CRS further stated the tractor had been obtained in El Paso, Texas.
The CRS stated that several people were involved in the distribution of marijuana with the Likins. Stated a person by the name of William (Bill) Stuber, also from Corbin, Kentucky would sometimes pick up the marijuana in the Caneyville area and transport it to the Corbin area. Stated that Stuber had previously been arrested in the Texas area over drugs.
The CRS advised the residence was located out of Caneyville, Ky. Stated you would take Exit 94 on the Western Kentucky Parkway, take a right on KY 79, travel to the stop sign and take a right on Ky 185 and go about 2 miles. Stated you would then turn left onto Ky 2766 and travel about 2 — 2fé to the top of a hill. Stated there was an old store across the road from the driveway to Likins house.

After receiving this information from Special Agent Neher and the confidential source, Edwards began his own investigation of Phillip Likins. In addition to checking various records, Edwards directed members of the Hardin County Narcotics Task Force to undertake surveillance of Likins residence. Edwards’s affidavit further states:

Acting on the information received, affiant conducted the following independent investigation:
Affiant conducted a driver’s license check on the individuals listed. Records showed that Phillip Likins, Beverly Li-kins and Floyd T. Likins had all been issued drivers license in Whitley County, Kentucky. A vehicle records check also showed no vehicles registered to Phillip Likins in either Whitley or Grayson County.
A vehicle check for Beverly Likins showed she did have a vehicle registered to her that gave a PO Box in Caneyville, Kentucky.
A criminal history check revealed that Phillip Likins had been arrested in 1996 for Possession of Marijuana in 1996 and a weapons charge. No additional narcotic related offenses were found. No drug related offenses were found on Beverly or Floyd Likins.
A driver’s license check showed that William Stuber was also from the Corbin area and that he had been arrested in El Paso, Texas. His history showed he had been convicted or pled guilty to Possession with Intent to distribute 50 pounds of marijuana in June 2000.
Affiant had members of the Narcotics Task Force go to the area where the suspect’s [sic] were to live. The residence and structures were located where the CRS had advised and the layout was as stated by the CRS. No semi tractor was visible in the barn, however there is material covering some of the visible entrances to the barn. This material could block the view into the barn, which would facilitate the verification of the semi tractor being inside.
[508]*508While conducting surveillance on the location, Det. Bart Glenn advised affiant that a beige Nissan Altima had departed the residence operated by a white female. Det. Glenn advised the plate on the car was Kentucky registration 080-CGB. This vehicle was found to be registered to Jeff Lewis of Woodbine, Kentucky.

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Bluebook (online)
84 F. App'x 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-likins-ca6-2003.