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United States v. Mallory
United States District Court, E.D. Michigan, Southern Division
April 10, 2018
UNITED STATES OF AMERICA, Plaintiff,
D-4 FARD MALLORY, Defendant.
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO
SUPPRESS EVIDENCE 
STEPHEN J. MURPHY, III UNITED STATES DISTRICT JUDGE.
Government charged Defendant Fard Mallory with conspiracy to
distribute cocaine and possession with intent to distribute
cocaine in violation of 21 U.S.C. §§ 846 and 841,
respectively. Mallory has moved to suppress evidence seized
during a May 11, 2017 search of his residence. For the
reasons stated below, the Court will deny the motion.
the course of nearly three years, federal agents monitored
the activities of a suspected drug trafficking organization
(DTO) headed by Darryl and Jerome Terrell. On May 11, 2017,
federal agents entered and searched a residence at 5685
Stahelin Avenue, Detroit, Michigan ("Target Home").
The officers relied upon a search warrant. ECF 135-1. The
search-warrant affidavit made the following factual
- The affiant had served as a Special Agent for the Drug
Enforcement Administration for five years. Id.
- The affiant knew drug dealers kept records related to their
operations "in locations where the narcotic dealers
exercise direct control and dominion, such as their
residences" or residences of their friends or relatives.
Id. ¶ 12.
- On eight different occasions between December 2015 and June
2016, security at the Hollywood Casino in Toledo, Ohio
observed Mallory meet briefly with a man later identified as
co-defendant Kaylor Brown. Id. at ¶¶ 35,
- During these interactions, Mallory drove a 2012 Ford Fusion
with a Michigan registration of DHQ4324, which is registered
to Latrice Chanel Bivens-Chatman at the Target Home. And,
Mallory listed the address of the Target Home on his
driver's license. Id.
- During an interaction on June 9, 2016, casino security
observed Brown exchange a white bag with Mallory for a brown
bag. Id. ¶ 37.
- Later that day, Ohio-based DEA agents pulled Brown over and
a subsequent search revealed that the brown bag contained
three kilograms of cocaine. Id. ¶ 38.
- The affiant attests that the cocaine seized from Brown was
similarly packaged to cocaine seized from co-defendant Cheryl
Cheatham, a suspected drug courier in the Terrell's DTO.
Id. ¶¶ 46-48.
- Darryl Terrell had contacted Mallory by phone. Id.
- Pursuant to a search warrant, DEA agents observed
Mallory's phone at the Target Home on at least one
occasion; and that the affiant observed Mallory exit the
Target Home and enter a vehicle belonging to Nancy Karyn
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