United States v. Jenkins, No. 15-3068 (7th Cir. 2017)Annotate this Case
The DEA received a tip that Carraway was distributing narcotics in East St. Louis. Agents arranged controlled purchases of crack cocaine from Carraway’s distributors and received authorization to wiretap Carraway’s phone. Carraway was obtaining cocaine from a barbershop; Graham was the intermediary. Carraway distributed cocaine from “the Gate.” On January 14, intercepted calls revealed that Carraway and Graham were going to retrieve narcotics from the barbershop; surveillance teams watched and intercepted calls between Carraway and Jenkins. Two weeks later, agents intercepted calls planning another pickup. Agents followed them to the Gate, where they saw the same vehicle from their previous surveillance. They described it to Illinois Trooper Leckrone. The vehicle had illegally tinted windows; the driver was not wearing a seat belt. Leckrone stopped the vehicle near the Gate. Leckrone observed that Jenkins acted nervous and an odor of burnt cannabis. Leckrone searched the dashboard and center console and found a plastic panel, concealing cocaine, plus ringing cell phones. One phone had the number from which agents had intercepted calls and showed recent calls to Carraway. Jenkins stated that the truck belonged to his cousin. Jenkins was charged with conspiracy to distribute, and possession with intent to distribute cocaine, 21 U.S.C. 841(a)(1), 841(b)(1)(A)(ii), and 846, and 18 U.S.C. 2. The court denied a motion to suppress, citing the collective knowledge doctrine. Jenkins was found guilty of possession with intent to distribute. The court sentenced Jenkins to 27 months’ imprisonment, consecutive to an unrelated sentence for kidnaping and carrying a firearm. The Seventh Circuit affirmed, upholding denial of the motion to suppress and the imposition of a consecutive sentence.