Paul Curry was arrested on April 2, 2023, after Cleveland police found him unconscious in the driver's seat of a running Dodge Durango. Officers discovered a loaded Glock handgun with a large drum magazine in the center console, along with various controlled substances including cocaine, methamphetamine, and fentanyl, as well as a digital scale and sandwich bags. Although the vehicle was registered to another individual, Francine Gill, Curry was indicted on multiple counts, including possession with intent to distribute and using a firearm during a drug trafficking crime. During trial, the government introduced excerpts of jail calls Curry made to Gill, in which he discussed large sums of money and the car. Curry moved for a judgment of acquittal, arguing insufficient evidence, but the district court denied the motion. He was convicted on two counts and sentenced to 154 months in prison, a term within the Sentencing Guidelines range, despite his requests for a downward departure based on severe health issues.
The Sixth Circuit addressed three primary issues. First, regarding sufficiency of evidence, the court clarified that when a defendant declines to present any evidence after a Rule 29 motion is denied, the close of the government's case is treated as the close of all evidence, meaning the sufficiency claim is preserved without a second motion. The court found the evidence sufficient for Count II (drug trafficking) because the quantity of cocaine, combined with the presence of a scale and packaging materials, supported an inference of intent to distribute. For Count V (firearm), the court determined that the loaded gun found in the center console next to the drugs was not coincidental; its proximity and the nature of the drugs established that the firearm facilitated the drug trafficking crime. Second, concerning the jail calls, the court applied an abuse of discretion standard and found the recordings relevant to proving Curry's control over the vehicle, which was essential to linking him to the contraband. The court rejected the prejudice argument, noting the calls were introduced to show ownership and unexplained wealth, not to suggest other uncharged crimes. Third, on sentencing, the court reviewed the 154-month sentence for reasonableness. It found the district court properly weighed the Section 3553(a) factors, including the need for punishment and protection of the public, and that the sentence was within the Guidelines range, carrying a presumption of reasonableness. The court also noted that the district court had recommended medical care and aftercare, addressing Curry's health concerns.
The decision reaffirms the Sixth Circuit's standard for preserving sufficiency of evidence claims when defendants rest without presenting evidence. It clarifies that the presence of a firearm in a vehicle containing drugs is sufficient to establish the 'during and in relation to' element of 18 U.S.C. § 924(c) without requiring direct proof of the defendant's intent to use the weapon. The ruling also sets a precedent that jail calls discussing wealth and vehicle ownership are admissible to prove control over contraband, provided the probative value is not substantially outweighed by prejudice. Curry's sentence remains in effect, and the case is closed with no remand instructions.
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