Background
Roy Franklin Jr., Ladele Smith, Gary Toombs, and David Duncan IV were members of a sprawling drug-trafficking conspiracy in Kansas City, Missouri, that lasted from 2011 to 2019. The group, known as 246, sold drugs including heroin, cocaine, and marijuana, and engaged in violent acts such as drive-by shootings. The defendants were convicted of various drug, firearm, and money-laundering offenses and appealed their convictions and sentences.
The court’s reasoning
The court affirmed the convictions, finding that the search warrants for Instagram and wiretaps were supported by probable cause under the totality of the circumstances. It held that rap lyrics and gang evidence were relevant to prove the defendants’ roles and were not unfairly prejudicial. The court also ruled that the district court properly denied entrapment instructions and could consider acquitted conduct and criminal history when imposing sentences.
A reasonable jury could find that the shooting was in furtherance of the drug-trafficking conspiracy.
United States v. Franklin, No. 23-3118 (8th Cir. 2026)
What it means going forward
The decision reinforces the admissibility of digital evidence, including social media and coded language, in drug conspiracy cases and affirms the discretion of district courts to impose sentences based on a broad range of conduct, including acquitted acts.