Background
Israel Crumpton and associates sold drugs from two vacant houses in Detroit. Police investigated based on a confidential informant and observed Crumpton moving between the properties, which were used for drug transactions. Crumpton was arrested with keys to the houses, a phone used to organize sales, and cash. He was convicted of conspiracy and possession with intent to distribute, and sentenced to forty months in prison after the district court applied a drug-house enhancement.
The court’s reasoning
The court reviewed the sufficiency of the evidence de novo but limited its review to whether the record was devoid of evidence due to forfeiture. It found ample circumstantial evidence, including text messages and GPS data, to support the conspiracy and possession convictions. Regarding the sentencing enhancement, the court applied clear error review and found the district court did not err in determining Crumpton maintained the properties for drug distribution based on his de facto control, keys, and frequent presence.
What it means going forward
The decision reinforces that defendants who fail to move for acquittal at trial face a high bar to challenge sufficiency of evidence on appeal. It also clarifies that maintaining a drug premises for sentencing enhancement purposes requires only de facto control, not formal ownership or exclusive possession.