309 F.3d 736 (10th Cir. 2002), 01-7065, U.S. v. Flynn

Docket Nº:01-7065.
Citation:309 F.3d 736
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Mack F. FLYNN, aka Maxie Flynn, Defendant-Appellant.
Case Date:October 25, 2002
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit

Page 736

309 F.3d 736 (10th Cir. 2002)

UNITED STATES of America, Plaintiff-Appellee,


Mack F. FLYNN, aka Maxie Flynn, Defendant-Appellant.

No. 01-7065.

United States Court of Appeals, Tenth Circuit

October 25, 2002

Page 737

Donn F. Baker of Baker & Baker, Tahlequah, OK, for Defendant-Appellant.

D. Michael Littlefield, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee.

Before SEYMOUR, BALDOCK, and BRISCOE, Circuit Judges.

SEYMOUR, Circuit Judge.

Mack F. Flynn pled guilty conditionally to violations of 21 U.S.C § 841(a)(1) and 18 U.S.C §§ 2, 924(c), 1952(a)(3), and 922(n). He reserved his right to appeal "any and all adverse rulings, specifically the [ ] denial of his Motion to Suppress." Aplt.App. at 43. On appeal, he contends the district court erred in denying his motion to suppress evidence and also argues there was insufficient evidence that the firearm found in his car was carried "during and in relation to" the underlying crime as required by section 924(c). We affirm.


On the afternoon of October 3, 2000, Mr. Flynn was driving eastbound in the inside lane of Interstate 40 in Muskogee County, Oklahoma, when he passed a sign reading "Drug Checkpoint 1/3 mile ahead." Just after he reached a second sign reading "Drug Dogs in Use" and saw a police car parked ahead on the highway with its lights on, he made an abrupt lane change and immediately took the exit ramp for Ross Road. At the top of the exit ramp, Mr. Flynn stopped his car briefly while his passenger, Connie Ketcher, opened the door and dropped a large sack from the car. Two officers on the center median of I 40 observed this and radioed the information to other officers who were hidden in the underbrush near the top of the exit ramp. Those officers emerged from the underbrush, examined the sack, and advised the officers remaining on I-40 that the sack contained "a lot of dope." Then, as Mr. Flynn approached the stop sign at Ross Road, officers stopped him and placed him under arrest. The contents of the package thrown from the car, as well as another package that Ms. Ketcher revealed she was carrying when police stopped the car, later tested positive for methamphetamine.

Mr. Flynn conditionally pled guilty to four federal offenses in connection with this incident. On appeal, he challenges...

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