United States v. Waugh, No. 18-7062 (10th Cir. 2019)
Annotate this CaseIn March 2018, Defendant Nowlin Waugh, Jr. was driving on Interstate 40 in Eastern Oklahoma when Oklahoma Highway Patrol Trooper Aaron Lockney observed his vehicle cross over the fog line. Believing the driver was fatigued, texting, or under the influence of drugs or alcohol, Trooper Lockney initiated a traffic stop. Trooper Lockney activated his emergency lights, but Defendant refused to yield and continued eastbound on Interstate 40. After following Defendant for approximately 10 miles, Trooper Lockney performed a “tactical vehicle intervention,” ramming Defendant’s vehicle and bringing it to a stop. Inside the vehicle, Trooper Lockney and other officers found two trashcans, four gallon-size bottles of bleach, shards of suspected methamphetamine strewn about the vehicle, six kilo-sized vacuum-sealed bags that had been ripped open, two or three gallon-sized Ziploc bags, and some shrink wrap. The interior of the vehicle was wet in places and smelled strongly of bleach. The troopers believed Defendant used the bleach to destroy large quantities of methamphetamine during the ten-mile police chase. The troopers recovered the largest shards of suspected methamphetamine for testing. The suspected methamphetamine was subsequently weighed at 54.19 grams of methamphetamine with a 93% purity rate. Defendant was charged with possession with intent to distribute 50 or more grams of methamphetamine. Defendant proceeded to trial and argued that, although he possessed methamphetamine, he did not intend to distribute it. Defendant introduced no evidence he was a user of methamphetamine but, during opening and closing statements, defense counsel argued the Government could not prove Defendant possessed the requisite intent to distribute. In furtherance of this defense, Defendant asked the district court to instruct the jury on the lesser included offense of simple possession. The district court denied Defendant’s request, and the jury returned a guilty verdict. Defendant appealed, arguing the district court erred in refusing to give the lesser included instruction on mere possession. Finding no reversible error, the Tenth Circuit affirmed.
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