United States v. Burkley
United States Court of Appeals for the Tenth Circuit
513 F.3d 1183 (2008)
After a traffic stop for erratic driving revealed a strong marijuana odor, officers searching Derrick Bailey's (defendant's) car found two guns, ammunition, 157 grams of marijuana, a digital scale, and $242,250 in cash (mostly shrink-wrapped), while two cellphones rang constantly during the search; expert testimony established Bailey had no legitimate income source, that 157 grams of marijuana was more consistent with distribution than personal use, and that drug traffickers commonly carry multiple cellphones. Bailey claimed the cash was for booking rap groups (though he could not identify who gave it to him) and that the marijuana was solely for personal medicinal use; the jury convicted him, and he appealed challenging the sufficiency of evidence supporting intent to distribute.
Whether the surrounding context in which drugs and related items were found — including quantity, cash, multiple phones, weapons, and absence of legitimate income — is sufficient to support a jury's finding of intent to distribute despite the defendant's innocent explanations.