Background
In 2023, the Drug Enforcement Administration investigated Khari Smith and his brother for trafficking methamphetamine and fentanyl. Agents observed the brothers traveling between Detroit and two residences in Lexington, Kentucky, carrying drug paraphernalia. Searches of the residences revealed narcotics, firearms, and drug-processing equipment. Smith pled guilty to drug offenses and was sentenced to 200 months in prison after the district court applied a two-level enhancement for maintaining a drug-involved premises.
The court’s reasoning
The court reviewed the application of the stash-house enhancement for clear error. It found that Smith exercised de facto control over the North Locust Hill Drive residence through his presence, access to drug materials, and joint use of the property with his brother. The court also held that the maintenance of the premises was reasonably foreseeable under relevant conduct principles. Regarding the sentence, the court found no abuse of discretion because the district court considered all statutory factors and selected a sentence at the lower end of the guidelines range.
We have previously explained that the evidentiary bar for applying the stash-house enhancement is relatively low and that drug storage on the property and transactions on the property will usually suffice.
United States v. Terry, 83 F.4th 1039, 1044 (6th Cir. 2023)
What it means going forward
This decision reinforces that defendants can be subject to enhanced sentences for drug premises even without a legal lease if they have sufficient control or if the maintenance was foreseeable within a conspiracy.
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