United States v. Antoine Cook
CourtCourt of Appeals for the Sixth Circuit
Date FiledOctober 16, 2026
Docket25-3775
JudgeDanny J. Boggs; Ronald Lee Gilman; John K. Bush
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 26a0284p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
┐
UNITED STATES OF AMERICA,
│
Plaintiff-Appellee, │
> No. 25-3775
│
v. │
│
ANTOINE C. COOK, │
Defendant-Appellant. │
┘
Appeal from the United States District Court for the Northern District of Ohio at Akron.
No. 5:24-cr-00347-1—Donald C. Nugent, District Judge.
Decided and Filed: October 16, 2026
Before: BOGGS, GILMAN, and BUSH, Circuit Judges.
_________________
COUNSEL
ON BRIEF: Lori Beth Riga, FEDERAL PUBLIC DEFENDER’S OFFICE, Cleveland, Ohio,
for Appellant. Colleen Egan, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for
Appellee.
_________________
OPINION
_________________
JOHN K. BUSH, Circuit Judge. Defendant-Appellant Antoine Cook appeals his
conviction for possessing illegal drugs with intent to distribute and for possessing ammunition as
a convicted felon.
Before trial, Cook moved to suppress evidence found on his cell phone. His then-
girlfriend had given the phone to the police after she told them that she and Cook had used drugs
No. 25-3775 United States v. Cook Page 2
the previous night. The phone contained incriminating photographs that led to his conviction.
Cook argued that his parole officer lacked reasonable suspicion to search the phone. The district
court denied his motion.
Cook appeals the district court’s decision, and he additionally claims that his trial counsel
was ineffective and that the district judge was biased. For those reasons, he now seeks to vacate
his three convictions. But Cook’s then-girlfriend had common authority to consent to the search
of the phone, and Cook can point to no evidence showing that the district judge was biased.
Consequently, we affirm the decision of the district court on those grounds, and we decline to
address Cook’s ineffective-assistance-of-counsel claim.
I
In the morning hours of May 1, 2024, Cook’s parole officer (Officer John Zubick)
received a phone call from Cook’s phone number. But it was not Cook calling. Rather, Cook’s
then-girlfriend E.C. was on the line. She informed Officer Zubick that local sheriffs had arrested
Cook for domestic violence at a nearby hotel.
So, Officer Zubick and his colleague Officer Ashley DiMarco went to the hotel. Officer
Zubick also called his colleague Officer John Christie to meet them there. Upon arrival, Officers
Zubick and DiMarco found E.C. outside of the hotel entrance with Cook’s phone. E.C.
explained the incident that had led to Cook’s arrest and mentioned that she and Cook had taken
drugs the night before. Meanwhile, Cook continually called his phone from jail, trying to reach
E.C. At one point during the parole officers’ interview, E.C. answered the phone, told Cook that
she was with his parole officer, and subsequently hung up. E.C. told the officers that it was
Cook who called. She additionally told the officers that the phone was her only method of
communication.
Officer DiMarco asked if she could look at the phone. E.C. assisted and willingly gave
Officer DiMarco the passcode. Officer DiMarco saw that the phone contained a video of “a rifle
magazine with ammunition.” R. 70, Suppression Hr’g Tr., PageID 458. E.C. stated that Cook
had recorded the video in their hotel room the previous night. Officer DiMarco then handed the
No. 25-3775 United States v. Cook Page 3
phone to Officer Zubick, who proceeded to look through the phone. There, he found additional
pictures of ammunition and a video of Cook posing with multiple firearms.
After Officer Christie had arrived, the officers obtained E.C.’s consent to search the hotel
room where she and Cook had stayed. Officers discovered a box containing 12-gauge shotgun
shells and a firearm magazine tucked under a mattress. They further found a bag that held
multiple smaller containers of cocaine and methamphetamine. Officer Christie also discovered
another rifle magazine, which contained .223 caliber ammunition.
Officer Christie later obtained a search warrant for the cell phone. Upon reviewing its
content, he found the video from the hotel room.
II
In September 2024, a grand jury indicted Cook for one count of possession with intent to
distribute methamphetamine under 21 U.S.C § 841(a)(1), one count of possession with intent to
distribute cocaine under 21 U.S.C. § 841(a)(1), and one count of being a felon in possession of
ammunition under 18 U.S.C. § 922(g)(1).
Cook moved to suppress the information that the officers had obtained from his cell
phone and from the subsequent hotel-room search. He argued that the officers did not have the
reasonable suspicion needed to search the phone as required under the Ohio parolee statute. See
Ohio Rev. Code Ann. §§ 2967.131(C)(1), (C)(1)(a). Additionally, Cook claimed that E.C. had
no actual or apparent authority to consent to the search of the cell phone.
The district court held a hearing on the motion to suppress. At that hearing, the court
noted that, pursuant to the Ohio parolee statute, Cook had signed a waiver that allowed the
officers to search the phone without a warrant. Also, Officers Zubick, DiMarco, and Christie
testified against suppression of the evidence.
In addition to the events recounted above, Officer Zubick stated that Cook previously had
signed a condition of supervision in which Cook had agreed to “warrantless searches of his
person, place, and things.” R. 70, Suppression Hr’g Tr., at PageID 431. Officer Zubick also
agreed with the prosecuting attorney that, in his experience, it is common to find evidence of
No. 25-3775 United States v. Cook Page 4
drug and firearm activities stored in a cell phone. Id. at PageID 435. And when asked if he
knew whether E.C. and Cook had joint use of the phone, Officer Zubick replied, “I would
imagine so if she had his pass code [sic].” Id. at PageID 443.
The district court denied the motion to suppress the contents of the cell phone, again
referring to the Ohio parolee statute. Towards the end of the hearing, the district judge gave
Cook the opportunity to speak. Cook and the district judge had the following colloquy:
DEFENDANT: I understand what’s going on. That I mean, it is clear
what I am here for, exercising my rights. That’s what I am in here for. I spit on a
white girl. It was my white girl. You know, that’s the problem. I am sitting with
everybody that is Caucasian. Everybody is white.
THE COURT: Then move. You should have moved a long time ago if
you didn’t like it.
THE DEFENDANT: If I could have, I would if I would have known for
real.
THE COURT: Well, I looked at your record, and you have 45 prior
convictions. That’s probably why you couldn’t move.
Id. at PageID 491. After further back-and-forth, the district judge adjourned the hearing.
On the morning of trial, Cook expressed a desire to proceed either pro se or seek new
counsel. The district judge explained that Cook’s current trial counsel was “ready, willing and
able to proceed” with trial and denied Cook’s request for new counsel. R. 73, Trial Tr. Vol. I,
PageID 601, 603. After continued discussion with the district judge, Cook decided to proceed
ahead with his current appointed counsel as opposed to proceeding pro se. A jury convicted
Cook on all counts.
Cook timely appeals. He argues that the district court erred in denying his motion to
suppress the cell phone, that his trial counsel was ineffective, and that the district judge was
biased.
No. 25-3775 United States v. Cook Page 5
III
“When a defendant appeals the denial of a motion to suppress evidence, we review the
district court’s findings of fact under the clear-error standard and we review its conclusions of
law de novo.” United States v. Ickes, 922 F.3d 708, 710 (6th Cir. 2019) (quoting United States v.
Quinney, 583 F.3d 891, 893 (6th Cir. 2009)). “Because this court’s de novo review involves
only application of legal propositions to the undisputed facts in the record, we may affirm on any
grounds supported by the record even if different from the reasons of the district court.”
Abercrombie & Fitch Stores, Inc. v. Am. Eagle Outfitters, Inc., 280 F.3d 619, 629 (6th Cir.
2002).
A
As a preliminary matter, E.C.’s consent obviates our need to consider Cook’s argument
that the terms of his supervised release did not extend to the warrantless search of his cellphone,
under Ohio law. An officer does not need a warrant or probable cause to search property if a
third party with actual or apparent authority over the property consents to the search, or if a third
party has “common authority over or other sufficient relationship to the premises or effects
sought to be inspected.” United States v. Morgan, 435 F.3d 660, 663 (6th Cir. 2006) (quoting
United States v. Matlock, 415 U.S. 164, 174 (1974)). Still, the third party’s consent must be
“freely and voluntarily given.” Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973).
For its part, the Government recognizes that a person “who has common authority, or
appears to have authority,” over the property in question can consent to a search of the property.
Appellee Br. at 23. It is well established that a “prevailing party may, of course, assert in a
reviewing court any ground in support of his judgment, whether or not that ground was relied
upon or even considered by the trial court.” Lorillard Tobacco Co. v. Chester, Willcox & Saxbe,
546 F.3d 752, 759 (6th Cir. 2008) (quoting Dandridge v. Williams, 397 U.S. 471, 476 n.6
(1970)). Although the Government focuses on showing that E.C. had actual authority over the
cell phone, we need not address whether E.C. had actual authority over the cell phone when it is
obvious that E.C. had common authority.
No. 25-3775 United States v. Cook Page 6
“Common authority is not to be implied ‘from the mere property interest a third party has
in the property, . . . but rests on the mutual use of the property by persons generally having joint
access or control for most purposes . . . .’” United States v. Ayoub, 498 F.3d 532, 537 (6th Cir.
2007) (quoting Matlock, 415 U.S. at 171 n.7). Because a cell phone is property, the consent to
search it may be based on common authority. See United States v. Gardner, 887 F.3d 780, 784
(6th Cir. 2018) (concluding that even if officers knew that a phone belonged to a boyfriend, the
victim “by all reasonable appearances had ‘joint access or control’” of the cell phone sufficient
to give consent of the search (quoting Matlock, 415 U.S. at 171 n.7)). The facts here
demonstrate that a reasonable officer could believe that E.C. had sufficient “joint access or
control” over the phone such that she could consent to the officers searching the cell phone.
For one, E.C. used the phone to call the parole officers while she was alone at the hotel
and Cook was already in jail. And Cook continually attempted to reach E.C. from jail by calling
the phone while the officers were talking to her. E.C. answered the phone, told Cook she was
with his parole officer, and then hung up on Cook. R. 70, Suppression Hr’g Tr., PageID at 456.
When Officer Zubick was asked if he “knew at any time that it was established there was a joint
use between [Cook] and [E.C.],” the officer responded: “I would imagine so if she had his pass
code [sic].” Id. at PageID 457. Officer DiMarco further testified that E.C. gave her the phone
and provided the passcode. Id. E.C. also told Officer DiMarco that the phone was her only form
of communication at the time of the incident. Id.
A reasonable officer could believe that E.C. had authority over the phone because she
used the phone to contact the officers and because Cook knew that E.C. could be reached by
calling the phone. Absent the officers’ knowledge that Cook owned the phone at the time of the
search, the facts in this case are analogous to Gardner. The phone was E.C.’s only means of
communication, she knew the phone’s passcode, and she had given the phone to the officer. See
Gardner, 887 F.3d at 783–84; United States v. Wright, 838 F.3d 880, 887–88 (7th Cir. 2016)
(holding that a wife had common authority over a household desktop despite not having the
password to access the computer); United States v. Thomas, 818 F.3d 1230, 1240–42 (11th Cir.
2016) (holding that the defendant’s then-wife had common authority over the household
computer). And similar to Gardner, we conclude that the officers’ knowledge that Cook owned
No. 25-3775 United States v. Cook Page 7
the phone makes no difference because the facts and circumstances show that E.C. “by all
reasonable appearances had ‘joint access or control’” over the cell phone. See Gardner, 887
F.3d at 784 (quoting Matlock, 415 U.S. at 171 n.7) (emphasis added).
Because we conclude that E.C. had common authority over the cell phone, she could
consent to its search. Therefore, no Fourth Amendment violation occurred, and we need not
discuss whether the officers had reasonable suspicion sufficient to conduct a search under the
Ohio parolee search statute.
B
Cook’s appellate brief makes a vague reference about the seizure of the phone. But he
discusses the seizure of the phone as an additional reason that the officers needed reasonable
suspicion to search the phone’s contents. Appellant Br. at 28. To the extent that Cook is arguing
that the seizure of the phone was unreasonable under the Fourth Amendment, Cook forfeited any
argument about an alleged unreasonable seizure because he did not raise it in the district court.
See United States v. Critton, 43 F.3d 1089, 1093 (6th Cir. 1995); see also United States v. Soto,
794 F.3d 635, 654–55 (6th Cir. 2025) (finding that “forfeiture” rather than “waiver” is the correct
standard to review a failure to raise pretrial motions). We thus review the forfeited objection
under the plain-error standard. United States v. Woods, 61 F.4th 471, 481 (6th Cir. 2023). To
establish plain error, Cook must show that: “(1) error occurred; (2) that error was obvious; (3) it
affected the defendant’s substantial rights; and (4) it affected the fairness, integrity, or public
reputation of judicial proceedings.” Id. (cleaned up).
Upon receiving the phone from E.C., the officers discovered photographs stored on it of
Cook holding firearms. And the officers knew that, as a parolee, Cook could not possess
firearms. Thus, they knew that the phone contained evidence of criminal activity. The officers
therefore had probable cause to seize the phone for a limited time pending the execution of a
search warrant. See United States v. Thibou, No. 24-1991, 2026 WL 126431, at *7 (6th Cir. Jan.
16, 2026); United States v. Sykes, 65 F.4th 867, 877–78 (6th Cir. 2023); United States v. Avery,
137 F.3d 343, 349 (6th Cir. 1997); United States v. Jacobsen, 466 U.S. 109, 120–22 (1984).
No. 25-3775 United States v. Cook Page 8
Regardless, the “seizure did not meaningfully interfere” with Cook’s possessory interest
in the phone because he was in custody for the period between when the officers first obtained
the phone and the execution of the search warrant, and there is no evidence that Cook requested
the phone’s return. See United States v. Thomas, 97 F.4th 1139, 1143–44 (8th Cir. 2024) (citing
United States v. Clutter, 674 F.3d 980, 984 (8th Cir. 2012) and United States v. Johns, 469 U.S.
478, 487 (1985)).
Cook has not shown that the officers’ seizure of the cell phone was an obvious error
under the Fourth Amendment. See Woods, 61 F.4th at 481. Consequently, he has not
demonstrated that the district court’s decision not to suppress the evidence from the phone
constituted plain error.
IV
Cook next argues that his trial defense counsel was ineffective. Generally, ineffective-
assistance-of-counsel claims are not entertained on direct review because those claims are more
properly presented in habeas petitions. See United States v. Coleman, 835 F.3d 606, 612 (6th
Cir. 2016) (“Only in the rare case that would not benefit from further record development do we
consider [ineffective-assistance-of-counsel claims] on direct review.”).
Cook lays out three arguments that his trial counsel was ineffective: (1) his counsel failed
to contact defense witnesses, family members, and the arresting officer; (2) his counsel failed to
inform him that he was attending a suppression hearing; and (3) his counsel failed to visit him
and instead sent him legal correspondence by mail that prison officials would read before
delivering the mail to him. The record before us is insufficient to evaluate those allegations and
whether, if true, those allegations would result in prejudice. We therefore decline to address the
ineffective-assistance-of-counsel claims. See United States v. Fergson, 669 F.3d 756, 762 (6th
Cir. 2012); United States v. Galloway, 316 F.3d 624, 634 (6th Cir. 2003) (declining to address
ineffective-assistance-of-counsel claims when the record on direct review is not sufficiently
developed to resolve the issues).
No. 25-3775 United States v. Cook Page 9
V
Finally, Cook argues that the district judge was biased against him and prevented him
from mounting a defense and raising legal issues. He therefore requests this court to reassign his
case to a different judge. “A judge must disqualify himself where a reasonable person with
knowledge of all facts would conclude that the judge’s impartiality might reasonably be
questioned.” Burley v. Gagacki, 834 F.3d 606, 615–16 (6th Cir. 216). Because Cook did not
raise the issue of judicial bias at the district court, we review under the plain-error standard.
United States v. Roach, 502 F.3d 425, 441 (6th Cir. 2007).
Cook claims that the district judge’s behavior evidenced bias because the judge “shut him
down” when Cook asked for new counsel. Appellant Br. at 38. Additionally, Cook contends
that the district judge “refused to entertain [his] concerns and personally disparaged him.” Id. at
40. The record paints quite a different picture. While the district judge’s exasperation at Cook is
apparent, the judge did provide Cook sufficient time to present his issues, voice his opinion, and
explain his position on the record.
Cook asserts that the district judge ignored his desire to obtain new counsel who “would
listen to him.” Id. But context matters. Cook asked to proceed pro se on the morning of his trial
and then asked for new counsel despite his current counsel being available and ready to serve.
The district judge was well within his authority to deny that request in such circumstances. See
United States v. Justice, 14 F. App’x 426, 430–31 (6th Cir. 2001) (holding that a court did not
abuse its discretion in denying a request for new counsel on the day of trial). Therefore, the
judge’s reasonable decision to deny the request for new counsel does not call into question his
“impartiality.” See Burley, 834 F.3d at 615.
Finally, Cook points to the judge’s actions at the suppression hearing. Recall that when
Cook broke into an exhortation about his rights, he stated: “I spit on a white girl. It was my
white girl. You know, that’s the problem. I am sitting with everybody that is Caucasian.
Everybody is white.” R. 70, Suppression Hr’g Tr., PageID 491. In response, the district judge
said, “Then move. You should have moved a long time ago if you didn’t like it.” Id.
No. 25-3775 United States v. Cook Page 10
The district judge added that Cook’s prior convictions likely hindered his ability to move from
where he lived, presumably because of release conditions arising from prior incarcerations. Id.
The Supreme Court has held that “expressions of impatience, dissatisfaction, annoyance,
and even anger” do not establish bias or partiality. Liteky v. United States, 510 U.S. 540, 555–56
(1994). The district judge’s comments cited by Cook do not affect our conclusion, based on
review of the full record, that the judge’s interactions with Cook throughout the case exhibited
no signs of explicit or implicit bias. Nor does the judge’s response at the suppression hearing
suggest racial animus. Frustration with the defendant’s attitude, perhaps. But not grounds for
recusal. In any event, the judge’s remarks and all other interactions that Cook calls into question
occurred outside the presence of the jury. See United States v. Morrow, 977 F.2d 222, 225 (6th
Cir. 1992) (en banc) (noting that the alleged inappropriate judicial conduct in that case was
“neutralized by the absence of the jury”).
Because we conclude that the district judge did not exhibit bias or racial animus, there is
no need to reassign the case.
VI
For the forgoing reasons, we AFFIRM the judgment of the district court.