United States v. Dukes

Facts

Defendant lived with his girlfriend Pamela Hoselton near the home of Shane and Julie Patent. At 3AM one morning, there was a drive-by shooting at the Patent’s home. Upon hearing the gunshots, the Patents ran to the window and saw a white Chevy Cavalier speeding away. They recognized it as the defendant’s and called the police. The police saw .22 caliber bullets in the home and saw the same car in the defendant’s driveway. Officers got a search warrant and searched the home, finding evidence of methamphetamine use and manufacture. Because that was outside the scope of their warrant, they had to get a second warrant relating to the drug paraphernalia and trafficking. They found 16 boxes of pseudoephedrine, a box of sludge, a byproduct of meth manufacturing, and two .22 caliber shell casings. They also found firearms, ammunition, meth, items related to meth, homemade firearm silencers, and a scale. Lastly a fanny pack of meth and instructions on how to make meth were found and the defendant took credit for them.

Agents from the Bureau of Alcohol, Tobacco, and Explosives tested the two firearm silences. The objects were industrial mufflers that made been modified with holes just large enough for bullets to go through. There were also screws so it could firmly attach to the end of  different firearm barrels. Using the devices reduced the noise by the guns.

Almost a year later, the defendant called the police and asked them to return the property seized from the year earlier, telling the police that the mufflers they took were present at where he worked and that they had more at their house. Officers obtained another search warrant to look for silencers. They saw more drug evidence while there, and got a second warrant to seize drug-related evidence. Defendant was charged with two counts of manufacturing or aiding and abetting the manufacturing of meth, one from each search. Additionally he was charged with two counts of possessing a unregistered silencer.