United States v. Andre Adams, Jr.
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 5, 2026
Docket24-14034
StatusPublished
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Full Opinion
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FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-14034
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANDRE ADAMS, JR.,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:23-cr-00012-VMC-NHA-1
____________________
Before WILLIAM PRYOR, Chief Judge, GRANT, and LUCK, Circuit
Judges.
WILLIAM PRYOR, Chief Judge:
This appeal requires us to review Andre Adams Jr.’s
convictions and sentence for possessing drugs with an intent to
distribute them, possessing a firearm in furtherance of a drug-
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trafficking crime, and possessing a firearm as a convicted felon.
Adams argues that the district court erred when it denied his
motion to suppress and request for a hearing under Franks v.
Delaware; admitted unduly prejudicial evidence and inadmissible
character evidence and hearsay; refused to give a required jury
instruction; and denied his motion for a judgment of acquittal.
Adams also challenges his sentence of imprisonment for 228
months as substantively unreasonable. But Adams failed to meet a
threshold requirement for a Franks hearing, raised meritless
evidentiary objections, and requested a redundant jury instruction.
Sufficient evidence supported his convictions, and the district court
imposed a reasonable sentence. We affirm.
I. BACKGROUND
We describe the background of this appeal in two parts.
First, we describe the facts underlying the appeal. Then, we
describe the proceedings before the district court.
A. Factual Background
In December 2021, Detective Greg Dunlap, an officer in the
Manatee County Sheriff’s Office, received a tip that a man named
“Dre” was dealing drugs and collecting payments on Cash App, an
electronic payment platform. The tip led Detective Dunlap to a
residence at 303 22nd Street East in Bradenton, Florida. Based in
part on that address, police analysts determined that Dre might be
Andre Adams. After obtaining a photograph of Adams from a
driver’s license database, Detective Dunlap identified Adams
outside of the 303 22nd Street East residence.
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Detective Dunlap began surveilling the residence in person
and with a 24-hour surveillance camera. While surveilling the
house, he observed frequent interactions between Adams and
individuals visiting the residence, often for five or fewer minutes.
During some of the visits, Adams handed something to the visitor.
On one occasion, Detective Dunlap followed Adams to a nearby
storage facility called Pinnacle Storage. Another time, Detective
Dunlap took two trash bags from the trash can outside the
residence and inspected their contents. Inside one of the bags,
Detective Dunlap discovered a pill bottle bearing the name
“Shirley Whitfield” and three sandwich bags filled with white
residue. A test confirmed that one of the bags contained fentanyl.
Detective Dunlap also subpoenaed Adams’s Cash App
records. The records showed Adams receiving money in dozens of
small transactions—most commonly for $20, $40, $60, or $100—
for a total of over $67,000. Based on his experience in narcotics
investigations, Detective Dunlap understood that drug deals often
involve small payments in the amounts Adams received. Detective
Dunlap also recognized that some individuals sending Adams
money had histories of drug use. One sender stated that he or she
sent the money for “Scooby Snacks,” a code word for heroin or
fentanyl. By state public records, Detective Dunlap learned that
Adams had no employment history during any of the months he
received Cash App payments or indeed since early 2020.
Detective Dunlap applied for a search warrant for the
residence at 303 22nd Street East. In the application affidavit,
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Detective Dunlap described his investigation, the tip, his
surveillance observations, the results of the trash pull, the Cash
App payments, and Adams’s lack of employment history. The
affidavit did not mention that the name “Shirley Whitfield”
appeared on the pill bottle recovered in the trash pull. After
reviewing Detective Dunlap’s affidavit, a judge signed a search
warrant for Adams’s residence.
The Manatee County Sheriff’s Office executed the search
warrant. In the kitchen of the residence, the search team
discovered drug-cutting agents, a dye press, and a Sig Sauer pistol.
Drug dealers mix drug-cutting agents in their product to increase
its weight. A dye press uses pressure to shape an item placed within
it into a rectangle. The pistol was loaded and plainly visible, and it
bore Adams’s deoxyribonucleic acid. Police also found keys and
mail addressed to Adams on the kitchen counter.
In the master bedroom, police found a red bag containing
narcotics. That bag resembled one Adams carried in surveillance
video recordings before the search. The bedroom also contained
Adams’s driver’s license and bank card. In the bedroom closet, the
search team found a money counter, a bag holding $20,990, and a
shoebox containing $1,375.
After the search team found narcotics in the residence,
Detective Dunlap decided to investigate the storage facility to
which he had followed Adams several weeks earlier. He
subpoenaed Pinnacle Storage, which produced several records and
informed the detective that Adams rented a unit in the facility. One
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of the records was a customer sign-up form that listed Adams as
the customer, Adams’s parents’ address as his address, and the
same phone number associated with the Cash App account.
Another record revealed that Adams often made multiple short
visits to the facility throughout the day. And Pinnacle’s surveillance
video showed Adams visiting the storage unit twice in the five days
preceding the search.
The police obtained a warrant to search Adams’s storage
unit. Using the keys found in the residence, police opened the unit.
Inside the unit, police collected 2.2 kilograms of cocaine, 617 grams
of methamphetamine, 121 grams of heroin, a Bryco Arms pistol,
an AK-47 rifle with at least one loaded magazine, a Smith and
Wesson revolver, drug-cutting agents, and digital scales. Other
than the contraband, the unit contained only some tools and
fireworks.
At the time of the search, Adams had previously been
convicted of a felony for trafficking more than 400 grams of
cocaine. Adams stipulated that he knew that, as a convicted felon,
he could not possess a firearm or ammunition. Later testimony
confirmed that each firearm found during the search traveled in
interstate or foreign commerce.
B. Procedural History
A federal grand jury indicted Adams on three counts. Count
one charged Adams with possessing with intent to distribute a
controlled substance. See 21 U.S.C. § 841(a)(1), (b)(1)(B). Count two
charged Adams with possession of a firearm in furtherance of a
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drug trafficking crime. See 18 U.S.C. § 924(c)(1)(A)(i). And count
three charged Adams with possessing firearms and ammunition as
a convicted felon. See id. §§ 922(g)(1), 924(a)(8).
Before trial, Adams moved to suppress the evidence the
police discovered in the residence and the storage unit. He argued
that the affidavit for the warrant included a material omission
because Detective Dunlap failed to mention that the pill bottle bore
the name “Shirley Whitfield.” Adams sought a Franks hearing to
establish that the omission was intentional or reckless. See Franks v.
Delaware, 438 U.S. 154, 171–72 (1978). He also sought to suppress
the evidence obtained from the storage unit as fruit of the
poisonous tree.
A magistrate judge recommended denying the motion to
suppress. The magistrate judge stated that Adams provided no
affidavit or sworn statement alleging that Detective Dunlap
knowingly or recklessly misrepresented or omitted facts in his
affidavit, as required by Franks. And because the residential search
was lawful, the fruit-of-the-poisonous-tree doctrine did not apply
to the search of the storage unit. Over Adams’s objection, the
district court adopted the magistrate judge’s recommendation and
denied the motion to suppress.
Adams later filed several motions in limine. Two motions
sought to exclude his bank records, Cash App records, and
employment history under Federal Rules of Evidence 401, 403, 404,
and 801(d). The district court denied the motions. At trial, the
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prosecution presented the Cash App records and employment
history, but it did not seek to admit any bank records.
At trial, Sergeant Jason Powell, the officer who supervised
the search of the storage unit, testified that he “was led to believe”
that the keys used to open the storage unit were retrieved from the
residence. Adams objected to the statement as inadmissible
hearsay, and the district court overruled his objection. Later in the
trial, Detective Dunlap testified that the police retrieved the keys
to the storage unit from inside the residence.
After the government rested, Adams moved for a judgment
of acquittal under Federal Rule of Criminal Procedure 29. Adams
argued that the evidence could prove only that he was present
around firearms and drugs, not that he possessed them. The district
court denied Adams’s motion.
Adams later requested a jury instruction that “‘[m]ere
presence’ at the scene of an event or merely associating with
certain people does not establish proof of possession.” The district
court declined to give Adams’s proposed instruction.
After closing arguments, the district court instructed the
jury that “[t]he term ‘possession’ includes actual, constructive, sole,
and joint possession.” It explained the types of possession as
follows:
Actual possession of a thing occurs if a person
knowingly has direct physical control of it.
Constructive possession of a thing occurs if a person
doesn’t have actual possession of it, but has both the
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power and the intention to take control over it later.
Sole possession of a thing occurs if a person is the only
one to possess it. Joint possession of a thing occurs if
two or more people share possession of it.
The jury found Adams guilty on all counts. At the
sentencing hearing, the prosecution asked for a guideline-range
prison sentence of 168 months on counts one and three combined
and 60 months on count two for a total of 228 months. The
prosecutor highlighted Adams’s prior conviction for trafficking
two kilograms of cocaine, for which he was sentenced to fifteen
years in prison. Adams requested a 192-month sentence. “After
considering the advisory sentencing guidelines and all of the factors
identified in . . . section[] 3553(a)(1)–(7)” of Title 18 of the United
States Code, the district court sentenced Adams to 228 months of
imprisonment. The 228-month sentence was appropriate, the
district court explained, because Adams “continue[d] to break the
law over and over again.”
II. STANDARDS OF REVIEW
“We review a district court’s denial of a Franks hearing for
an abuse of discretion.” United States v. Goldstein, 989 F.3d 1178,
1197 (11th Cir. 2021). We also review “evidentiary rulings for abuse
of discretion.” United States v. Cooper, 926 F.3d 718, 730 (11th Cir.
2019). And we review a “refusal to give a requested jury instruction
for abuse of discretion.” United States v. Gumbs, 964 F.3d 1340, 1347
(11th Cir. 2020) (citation modified). We also “review for abuse of
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discretion the substantive reasonableness of a sentence.” United
States v. Osorto, 995 F.3d 801, 822 (11th Cir. 2021).
“We review a denial of a motion for judgment of acquittal
de novo.” United States v. Maurya, 25 F.4th 829, 841 (11th Cir. 2022)
(emphasis added). In that review, we determine whether the
evidence, taken “in the light most favorable to the government,”
would permit “a reasonable trier of fact” to “find . . . guilt beyond
a reasonable doubt.” Id. (citation modified). If there is any
“reasonable construction of the evidence from which the jury
could have found the defendant guilty beyond a reasonable doubt,”
we “must” affirm the conviction. United States v. Ignasiak, 667 F.3d
1217, 1227 (11th Cir. 2012).
III. DISCUSSION
We divide our discussion into five parts. First, we explain
that the district court did not abuse its discretion by denying
Adams’s motion to suppress and his request for a Franks hearing.
Second, we explain that the district court did not abuse its
discretion by overruling his evidentiary objections. Third, we
conclude that the district court did not abuse its discretion when it
refused to give Adams’s requested jury instruction on mere
presence. Fourth, we explain that the district court did not err
when it denied Adams’s motion for a judgment of acquittal.
Finally, we determine that the district court did not abuse its
discretion by sentencing Adams to 228 months of imprisonment.
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A. The District Court Correctly Denied Adams’s Motion to
Suppress and Request for a Franks Hearing.
The Fourth Amendment ordinarily requires police officers
to obtain a warrant before conducting a search. See U.S. CONST.
amend. IV. In practice, police submit to a judge an affidavit “setting
forth the necessary facts and circumstances whereby the judge may
determine probable cause.” United States v. Hawes, 529 F.2d 472, 480
(5th Cir. 1976). A defendant may challenge the validity of a search
by arguing that the affidavit supporting the warrant contained
knowing or reckless misrepresentations or omissions. See Franks,
438 U.S. at 171–72. If a defendant makes a preliminary showing that
an affidavit contains fabrications, he may receive a hearing—
known as a Franks hearing—at which the district court considers
the validity of the search warrant. Id. To make that preliminary
showing, a defendant must submit an “affidavit or otherwise sworn
statement alleging that [the officer] knowingly or recklessly
included false statements in the search warrant affidavit” or else
“satisfactorily explain[]” the absence of an affidavit or sworn
statement. United States v. Arbolaez, 450 F.3d 1283, 1294 (11th Cir.
2006) (citation modified), abrogated in part on other grounds by
Michigan v. Bryant, 562 U.S. 344, 355 (2011).
Adams argues he should have received a Franks hearing
based on several alleged omissions or misrepresentations in the
affidavit used to obtain a search warrant for the residence. But
Adams did not submit an affidavit or sworn statement about
Detective Dunlap’s knowledge or recklessness with his motion to
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suppress, nor did he attempt to explain the absence of such an
affidavit. The district court ruled against Adams on this ground, yet
Adams does not address the issue in his brief. As a result, Adams
abandoned any challenge to the denial of his motion on that
ground. See Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 680
(11th Cir. 2014) (“When an appellant fails to challenge properly on
appeal one of the grounds on which the district court based its
judgment, he is deemed to have abandoned any challenge of that
ground, and it follows that the judgment is due to be affirmed.”).
Adams separately challenges the warrant for the storage unit
under the fruit-of-the-poisonous-tree doctrine. Under that
doctrine, police may not obtain a search warrant using information
that is “the fruit of a Fourth Amendment violation.” See United
States v. Karo, 468 U.S. 705, 719 (1984). Adams points out that the
warrant for the storage unit depended on evidence discovered in
the search of the residence and argues that the invalidity of the first
search undermines the validity of the second. But evidence “cannot
be ‘fruit of the poisonous tree’ if the tree itself is not poisonous.”
Colorado v. Spring, 479 U.S. 564, 571–72 (1987). Because the search
of the residence was lawful, Adams’s challenge to the storage unit
search necessarily fails. The district court did not abuse its
discretion by denying Adams’s request for a Franks hearing or
motion to suppress.
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B. The District Court Correctly Denied Adams’s Evidentiary
Objections.
Adams disputes two of the district court’s evidentiary
rulings. First, Adams argues that the district court should have
excluded his Cash App records, his employment history, and his
“banking records” under Federal Rules of Evidence 403 and 404(b).
He maintains that the records are “unfairly prejudicial propensity
evidence” that “had no direct proof of being linked to drug
activity.” Second, Adams contends that the district court should
have excluded one of Sergeant Powell’s statements as hearsay.
Adams’s evidentiary objections fail.
1. Adams’s Objections Under Rules 403 and 404(b)
The law governing Adams’s evidentiary objections is well
settled. A “court may exclude relevant evidence if its probative
value is substantially outweighed by a danger of . . . unfair
prejudice, confusing the issues, [or] misleading the jury.” FED. R.
EVID. 403. “Rule 403 is an extraordinary remedy which should be
used only sparingly since it permits the trial court to exclude
concededly probative evidence.” United States v. Church, 955 F.2d
688, 700 (11th Cir. 1992) (citation modified). And Rule 404(b)(1)
prohibits using “[e]vidence of any other crime, wrong, or act . . . to
prove a person’s character in order to show that on a particular
occasion the person acted in accordance with the character.” FED.
R. EVID. 404(b)(1). But it does not bar admission of evidence
“inextricably intertwined with the evidence regarding the charged
offense.” United States v. Fortenberry, 971 F.2d 717, 721 (11th Cir.
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1992). Evidence is inextricably intertwined with the charged
offense if it “pertain[s] to the chain of events explaining the context,
motive[,] and set-up of the crime . . . or forms an integral and
natural part of an account of the crime.” United States v. Williford,
764 F.2d 1493, 1499 (11th Cir. 1985).
The district court did not abuse its discretion in denying
Adams’s objections to the Cash App records, employment history,
and “banking records” under Rule 403. The Cash App records
established that Adams received $67,000 from dozens of
transactions in amounts consistent with the sale of narcotics. The
records helped to prove that Adams intended to distribute the
drugs located in the residence and storage unit. Because we have
“repeatedly . . . held that evidence of prior drug dealing is highly
probative of intent to distribute a controlled substance and . . . is
not overly prejudicial,” Rule 403 does not bar the admission of the
Cash App records. United States v. Booker, 136 F.4th 1005, 1014 (11th
Cir. 2025). Similarly, the employment records confirmed that
Adams was unemployed for several years before the search, which
made it more likely that the $20,000 discovered in the residence
and the thousands of dollars received by Cash App came from
illegal drug sales. Adams fails to articulate any unfair prejudice
from the admission of the employment records. With clear
probative value and no risk of unfair prejudice, the evidence was
admissible under Rule 403. Finally, the United States never sought
to admit any “banking records” at trial. An erroneous evidentiary
ruling constitutes harmless error if it does not have “a substantial
impact on the outcome of the case.” United States v. Frazier, 387
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F.3d 1244, 1268 n.20 (11th Cir. 2004) (en banc). Because the
government never admitted the banking records, the district
court’s admissibility ruling did not have an impact on the outcome
of the case, so it was at most harmless error.
The district court also did not abuse its discretion by
overruling Adams’s objection under Rule 404(b). The Cash App
records and lack of employment history played essential roles in
Detective Dunlap’s investigation and “form[ed] an integral and
natural part of an account of the crime.” Williford, 764 F.2d at 1499.
The records were inextricably intertwined with the evidence
related to the charged offense, so Rule 404 did not bar their
admission. See Fortenberry, 971 F.2d at 721.
2. Adams’s Hearsay Objection
Under Federal Rules of Evidence 801(c) and 802, an out-of-
court statement “offer[ed] . . . to prove the truth of the matter
asserted in the statement” is inadmissible hearsay. But “[t]he
improper admission of hearsay testimony which is merely
cumulative on matters shown by other admissible evidence is
harmless error.” Coughlin v. Capitol Cement Co., 571 F.2d 290, 307
(5th Cir. 1978). Adams takes issue with Sergeant Powell’s
testimony that “Detective Dunlap brought a set of keys with him
that [Sergeant Powell] was led to believe was recovered from the
search warrant . . . at the residence.” Adams argues that Sergeant
Powell’s testimony depends on an out-of-court statement to
confirm that the storage unit keys came from the residence.
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The admission of any hearsay was harmless error. Detective
Dunlap testified on personal knowledge that the police found the
keys used to open the storage unit inside the residence. That
testimony, which Adams never challenged as inadmissible, renders
Sergeant Powell’s statement “merely cumulative on matters
shown by other admissible evidence.” Coughlin, 571 F.2d at 307.
Under Coughlin, the admission of this cumulative evidence “is
harmless error.” Id.
C. The District Court Correctly Denied Adams’s Request for a
Jury Instruction on Mere Presence.
When a party requests a jury instruction, the district court
must give it “if (1) the requested instruction [i]s a correct statement
of the law, (2) its subject matter [i]s not substantially covered by
other instructions, and (3) its subject matter . . . [i]s so important
that failure to give it seriously impair[s] the defendant’s ability to
defend himself.” United States v. Paradies, 98 F.3d 1266, 1286 (11th
Cir. 1996). Adams insists that the district court abused its discretion
by failing to give the following instruction: “‘Mere presence’ at the
scene of an event or merely associating with certain people does
not establish proof of possession.” According to Adams, this
instruction was crucial because the prosecution “failed to provide
. . . testimony of any actual hand-to-hand transaction or
distribution of drugs,” instead merely relying on Adams’s
proximity to the discovered drugs and firearms.
The district court gave jury instructions that substantially
covered Adams’s proposed instruction. It informed the jury that
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possession required either “direct physical control” over an item or
“both the power and the intention to take control over it later.” Its
instructions made clear that mere proximity, without direct
physical control or an intention to control, does not suffice to prove
possession. See also United States v. Rojas, 537 F.2d 216, 220 (5th Cir.
1976) (holding that an instruction that possession required “either
direct physical control or the power and intention to exercise
dominion or control over” an item sufficed “to preclude conviction
for mere presence”). The district court did not abuse its discretion
in refusing to give Adams’s requested instruction.
D. The District Court Properly Denied Adams’s Motion for a
Judgment of Acquittal.
Adams argues that the district court should have granted a
judgment of acquittal. But sufficient evidence supported his
convictions. We address each conviction separately.
1. Adams Knowingly Possessed and Intended to Distribute
Drugs.
The government had to prove that Adams “had knowing
possession of . . . drugs and an intent to distribute them.” United
States v. Cochran, 683 F.3d 1314, 1322 (11th Cir. 2012); see also 21
U.S.C. § 841(a)(1). Possession “can be either actual or
constructive.” United States v. Kennedy, 146 F.4th 1054, 1064 (11th
Cir.) (citation modified), cert. denied, 146 S. Ct. 393 (2025).
“Constructive possession exists when the defendant exercises
ownership, dominion, or control over the item or has the power
and intent to exercise dominion or control.” United States v. Beckles,
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565 F.3d 832, 841 (11th Cir. 2009) (citation modified). The
government can prove constructive possession “by evidence
showing ownership, dominion, or control over . . . the premises on
which [the contraband] is concealed.” United States v. Montes-
Cardenas, 746 F.2d 771, 778 (11th Cir. 1984). An intent to distribute
drugs “can be proven circumstantially from, among other things,
the quantity of the drug and the existence of implements such as
scales commonly used in connection with the distribution of the
drug.” Kennedy, 146 F.4th at 1064 (citation modified). Other
evidence of an intent to distribute includes the presence of
“substance[s] used to cut [drugs], a large amount of cash[,] . . . and
a weapon.” United States v. Marszalkowski, 669 F.2d 655, 662 (11th
Cir. 1982).
A reasonable jury could find that Adams possessed drugs.
Before the search, Detective Dunlap observed Adams frequently
meeting with visitors to the residence and handing something to
them. During the search, police discovered drugs in the residence
and the storage unit. In the kitchen, they found mail addressed to
Adams and a gun bearing his deoxyribonucleic acid. The bedroom
in which they found the drugs contained Adams’s driver’s license,
bank card, over $20,000 in cash, and a money counter. Police
discovered the drugs in a bag resembling one Detective Dunlap had
seen Adams carry. The customer sign-up form listed Adams as the
renter of the storage unit, surveillance showed Adams visiting the
unit, and police found the key to the unit in the residence. Based
on the mail addressed to Adams, his driver’s license and bank card,
and the surveillance footage showing Adams coming out of the
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residence to meet with visitors, a reasonable jury could have found
that Adams had constructive possession of the residence. And then
a jury could find that he constructively possessed the contraband
within the residence. Montes-Cardenas, 746 F.2d at 778; see also
United States v. Morales, 868 F.2d 1562, 1573 (11th Cir. 1989)
(concluding that the record contained sufficient evidence of
constructive drug possession where the defendant leased and paid
the utility bills for the apartment in which police found the drugs).
Similarly, the customer sign-up form, Adams’s frequent visits, and
the location of the key to the storage unit in the residence
supported a finding that Adams possessed the storage unit and the
contraband it contained.
A jury could also reasonably find that Adams knew about
the drugs he possessed. A jury could infer knowledge of the drugs
in the residence because police discovered them within a bag
resembling one Adams had been carrying and in the same room
that the police found Adams’s driver’s license and bank card. The
storage unit contained few items other than the contraband, and
nothing in the record suggests that the contraband was concealed.
Adams cannot plausibly profess ignorance of unconcealed
contraband in a storage unit he frequently visited. See United States
v. Wilson, 183 F.3d 1291, 1300 (11th Cir. 1999) (holding that “drugs
[that] [a]re not hidden . . . could have led the jury rationally to
conclude, beyond a reasonable doubt, that [the defendant] knew of
the existence of the drugs”). Adams also “had a prior conviction for
drug trafficking, which the jury could weigh against any inference
that [he] had no knowledge of the drugs.” United States v. Barron-
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Soto, 820 F.3d 409, 419 (11th Cir. 2016). A reasonable jury could
have found that Adams knew about the drugs in the residence and
storage unit.
The evidence also proved Adams’s intent to distribute drugs.
In the residence and storage unit, police discovered a large quantity
of drugs, a large quantity of cash, drug-cutting agents, firearms, a
dye press, and digital scales. Each item suggests an intent to
distribute drugs. See Kennedy, 146 F.4th at 1064; Marszalkowski, 669
F.2d at 662. Corroborating the physical evidence, Detective
Dunlap testified about observing Adams conducting many
meetings bearing a suspicious resemblance to drug deals. And
Adams’s Cash App records revealed many transactions with values
suggestive of drug sales. Although Adams argues the Cash App
account did not belong to him, his name appeared on the account,
and the phone number associated with the account was identical
to the one listed on Adams’s customer signup form for the storage
unit. Based on this evidence, the jury could reasonably have found
that Adams intended to distribute drugs. Because sufficient
evidence supported Adams’s conviction on count one, the district
court did not err when it denied Adams’s motion for a judgment of
acquittal on that count.
2. Adams Knowingly Possessed a Firearm in Furtherance of
a Drug Trafficking Crime.
Adams’s conviction on count two required proof that
Adams “(1) knowingly (2) possessed a firearm (3) in furtherance of
any drug trafficking crime.” United States v. Woodard, 531 F.3d 1352,
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1362 (11th Cir. 2008); see also 18 U.S.C. § 924(c). The first two
elements use the same standards applicable to Adams’s conviction
for knowing possession of drugs. See Kennedy, 146 F.4th at 1064. To
satisfy the “in furtherance” element, the government had to prove
“some nexus between the firearm and the drug selling operation.”
United States v. Timmons, 283 F.3d 1246, 1253 (11th Cir. 2002)
(citation modified). Factors relevant to a nexus include “the type of
drug activity . . . being conducted, accessibility of the firearm, . . .
the status of the possession (legitimate or illegal), whether the gun
is loaded, proximity to the drugs or drug profits, and the time and
circumstances under which the gun is found.” Id. (citation
modified).
A reasonable jury could find that Adams knowingly
possessed firearms. Because Adams constructively possessed the
residence and storage unit, he constructively possessed the pistol
retrieved from the residence and the three firearms discovered in
the storage unit. Montes-Cardenas, 746 F.2d at 778; Morales, 868 F.2d
at 1573. A jury could also infer that Adams knew of the firearms
because Adams’s deoxyribonucleic acid was on the pistol in the
residence, and the firearms in the storage unit were readily
accessible.
And sufficient evidence supported that Adams possessed his
firearms in furtherance of a drug-trafficking crime. Due to Adams’s
previous felony conviction, he possessed the firearms illegally,
which indicates a nexus between possession and use in furtherance
of a drug crime. See Timmons, 283 F.3d at 1253; see also 18 U.S.C.
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24-14034 Opinion of the Court 21
§ 922(g)(1). The pistol that police found in the residence was
loaded, in an accessible location, and near drug-trafficking tools.
Meanwhile, the storage unit contained one loaded firearm and two
other firearms nearby two kilograms of cocaine and over half a
kilogram of methamphetamine. Because Adams illegally possessed
loaded firearms discovered near drugs and drug profits, a
reasonable jury could have convicted him of violating
section 924(c).
3. Adams Knowingly Possessed a Firearm as a Convicted
Felon.
Adams’s final conviction required proof that Adams “knew
he possessed a firearm” and “knew he belonged to the relevant
category of persons barred from possessing a firearm.” United States
v. Coats, 8 F.4th 1228, 1234 (11th Cir. 2021) (citation modified); see
also 18 U.S.C. § 922(g)(1). Under section 922(g)(1), the relevant
category of persons is those “who ha[ve] been convicted in any
court of . . . a crime punishable by imprisonment for a term
exceeding one y