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United States v. Hankins

United States Court of Appeals for the Sixth Circuit
195 Fed.Appx. 295 (2006)


Facts

After receiving a tip from a confidential informant that Hankins (defendant) was growing marijuana on his property, Detective Kevin Bibb of the South Central Kentucky Drug Task Force went to Hankins property and discovered marijuana growing in a wooded area. Bibb then obtained a warrant to search Hankins’ home and surrounding property. As a result of the search, a bag of marijuana and papers were found in his kitchen cabinet; plots of marijuana were found growing directly behind his home and garage; and plastic cups, Miracle-Gro, twine, weighing scales, a shotgun, revolver, ammunition, and Hankins’ truck were all seized. In total 212 marijuana plant were seized worth about $400,000. Hankins was arrested. Two days later, Hankins went to the Task Force office to retrieve money from his truck. Detective Bibb accompanied Hankins when he withdrew $2,000 in cash hidden behind the backseat. However, Jim Devasher, director of the Task Force refused to let Hankins keep the money. Hankins then contacted a longtime friend, James Chick. Unbeknownst to Hankins, Chick had been caught selling cocaine and rather than serve jail time, agreed to work as an informant for Special Agent David Hayes of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Hankins told Chick that he wanted Devasher dead and would pay somebody to kill him. Chick contacted Hayes. Hayes instructed Chick to get Hankins to make the death threat again while Chick wore a transmitter. Thereafter, Hankins threatened to kill Devasher while speaking to Chick in Hankins’ home. Hankins moved to suppress the audio tapes of the threats. The district court denied Hankins’ motion and he appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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