United States v. Shanklin

Louisville police watched 2429 Elliott Avenue based on a tip that Shanklin was growing marijuana there. The tip came from a “reliable confident[i]al informant,” who stated that within the last 48 hours, he/she had seen “numerous” marijuana plants inside the residence and that he/she believed that Shanklin was the “only occupant.” McKinney and other officers observed Shanklin exit the house and enter a vehicle. McKinney followed Shanklin to a parking lot. McKinney and other officers approached Shanklin, confirmed his identity, and had a K-9 sniff Shanklin’s car. The dog alerted. A search of the car revealed a small amount of marijuana leaves in the trunk. Other officers watched the residence to ensure that no one exited or entered. An officer testified that when he approached the house, he observed marijuana plants in the backyard and noticed a “strong smell of marijuana.” McKinney obtained a search warrant. The subsequent search uncovered 51 marijuana plants, a marijuana pipe, a digital scale, letters addressed to Shanklin, and personal items associated with Shanklin, including car registrations, photographs, and a prescription. There were a few bills addressed to Shanklin’s mother and others. In the “front bedroom,” officers located a loaded pistol on the nightstand, a digital scale, and a magazine focusing on growing marijuana.Shanklin was convicted under Kentucky law for cultivating marijuana but was found not guilty of a firearm enhancement. The Sixth Circuit affirmed Shanklin’s conviction as a felon in possession of a firearm (18 U.S.C. 922(g)(1); 924(a)(2)) and 63-month sentence. The court upheld the denial of Shanklin’s motion to compel the government to disclose the identity of the confidential informant and the application of a sentencing enhancement for using or possessing a firearm “in connection with another felony offense. The government provided sufficient identification evidence to sustain Shanklin’s conviction. View "United States v. Shanklin" on Justia Law