Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

United States v. Burkley

United States Court of Appeals for the Tenth Circuit
513 F.3d 1183 (2008)


The federal government (plaintiff) prosecuted Derrick A. Bailey (defendant) for firearm and drug offenses, including possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). The trial evidence established that after stopping Bailey's car for erratic driving, police officers detected a strong odor of marijuana, and searched the car. Two cellphones in the car rang constantly during the search. The officers found two guns and ammunition, 157 grams of marijuana, a digital scale, and $242,250 in cash, most of which was shrink-wrapped in cellophane. Courts have held all such items to be indicia or tools of the drug-trafficker's trade. Expert witnesses testified that Bailey had no legitimate source of income, that 157 grams of marijuana is an amount more consistent with distribution than with personal use, and that drug traffickers commonly possess more than one cellphone. Bailey explained the large amount of cash as money he had been given so that he could book rap groups, but he could not precisely identify who gave him the money. Bailey also claimed that the marijuana was solely for his personal medicinal use. The jury convicted Bailey, and his appeal to the Tenth Circuit Court of Appeals focused on the sufficiency of the evidence on the possession-with-intent charge.

Rule of Law


Holding and Reasoning (McKay, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 450,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 450,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial