UNITED STATES V. HANKINS 195 Fed.Appx. 295 (6th Cir. 2006) CASE BRIEF

UNITED STATES V. HANKINS

195 Fed.Appx. 295 (6th Cir. 2006)

NATURE OF THE CASE: A jury convicted Hankins (D) of having violated 18 U.S.C.S. 1513(b), 18 U.S.C.S. 373, 21 U.S.C.S. 841(a)(1), and 18 U.S.C.S. 924(c)(1)(A). The United States District Court for the District of Kentucky sentenced him to 322 months' imprisonment. D appealed his conviction of the first two offenses.

FACTS: A confidential informant told police that D was growing marijuana on his property. Detective Kevin Bibb investigated the tip and discovered marijuana growing in a wooded area on a remote part of D's property. A trail made by a four-wheel all-terrain vehicle led from the marijuana plants to D's home. Detective Bibb obtained a warrant to search D's home and surrounding property. The search warrant was executed and D was arrested after Detective Bibb discovered a bag of marijuana and 1.5 papers used to form a marijuana joint in his kitchen cabinet. A subsequent search disclosed two plots of marijuana growing directly behind the home. Plastic cups, Miracle-Gro, twine, and a spray bottle were discovered and seized next to the marijuana plots. Officers also seized weighing scales, plastic ziplock bags, a shotgun, a rifle, a revolver, ammunition, and D's truck. In total, 212 marijuana plants were seized worth approximately $400,000. D went to retrieve some items from his truck. Detective Bibb accompanied D and D withdrew $2000 in cash hidden behind the backseat. Detective Bibb took the money and instructed D to speak with Director Jim Devasher about getting it back. D claimed that the cash was the proceeds from the sale of some farm equipment. Upon further questioning, D could not remember the buyer's name. Director Devasher refused to return the money to D. D then contacted James Chick. Chick and D had been friends for over twenty years, and D frequently ate at Chick's restaurant. Chick had been caught selling cocaine, and rather than serve jail time, agreed to work as an informant. D did not know this. D said that 'he had $20,000 to give to someone' if they were willing to come to Kentucky and kill Director Devasher. Chick 'really didn't take him serious' but when D appeared to be 'very serious,' Chick contacted Agent Hayes. Chick was outfitted with a concealed microphone transmitter and wore the transmitter when he was a guest in D's home on three separate occasions. D's conversations were secretly transmitted to Agent Hayes and recorded by him. D threatened to kill and cripple Director Devasher. D also threatened to kill and cripple Sheriff Wallace Whittaker. D said that he could not believe that Sheriff Whittaker did not inform him before the raid especially since D had given Sheriff Whittaker 'five hundred dollars' for 'his electioneering' and also had given him 'tomatoes, oranges, grape fruits . . . all kinds of fish . . . jerky at least a half a dozen times' without ever charging him. D discussed hiring a murderer from Detroit to shoot Director Devasher and Sheriff Whittaker. Chick asked D if he was serious, and D replied 'don't you think for fuck . . . one fucking minute that I'm saying a God damned word that I don't mean. . . . Because I mean it all.' Before the trial, the District Court denied D's motion to suppress the recordings and his motion for judgment of acquittal. D renewed those motions at trial. The District Court again denied them. D was subsequently convicted and sentenced to 322 months imprisonment. D appealed.

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