UNITED STATES v. SANDERS

No. 21-5945.

106 F.4th 455 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Antwone Miguel SANDERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2024.


Attorney(s) appearing for the Case

ARGUED EN BANC: Jarrod J. Beck, LAW OFFICE OF JARROD J. BECK, PLLC, Lexington, Kentucky, for Appellant. Sofia M. Vickery, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON SUPPLEMENTAL BRIEF: Jarrod J. Beck, LAW OFFICE OF JARROD J. BECK, PLLC, Lexington, Kentucky, for Appellant. Sofia M. Vickery, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Charles P. Wisdom, Jr., Lauren Tanner Bradley, UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.

READLER, J., delivered the opinion of the court, in which SUTTON, C.J., and GIBBONS, KETHLEDGE, THAPAR, BUSH, LARSEN, NALBANDIAN, and MURPHY, JJ., joined in full, GRIFFIN, MATHIS, and DAVIS, JJ., joined in part and in the judgment, and STRANCH and BLOOMEKATZ, JJ., concurred in the judgment. GRIFFIN, J. (pp. 476-78), delivered a separate opinion concurring in the judgment and joining all but Section II.B.2.b. and Section III of the majority opinion. MATHIS, J. (pp. 478-80), delivered a separate opinion concurring in the judgment and joining the majority opinion in part, in which DAVIS, J., joined in full, and STRANCH and BLOOMEKATZ, JJ., joined in parts I and II. STRANCH and BLOOMEKATZ, JJ. (pp. 480-83), delivered a separate joint opinion concurring in the judgment, in which MATHIS, J., joined in part, and GRIFFIN and DAVIS, JJ., joined in Section II. CLAY J. (pp. 483-98), delivered a separate dissenting opinion in which MOORE, J., joined in full.


OPINION

A confidential informant notified officers that Antwone Sanders was dealing drugs from a nearby apartment. The informant then engaged in two controlled drug buys with Sanders. On both occasions, officers observed Sanders drive from the buy location to the apartment in question. The officers detailed...

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