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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,
v.
D-4 FARD MALLORY, Defendant.

          OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE [125]

          STEPHEN J. MURPHY, III UNITED STATES DISTRICT JUDGE.

         The 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.

         BACKGROUND

         Over 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 allegations:

- The affiant had served as a Special Agent for the Drug Enforcement Administration for five years. Id. ¶ 1.
- 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, 39.
- 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. ¶ 54.
- 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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