U.S. v. Bailey, No. 06-5576.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtKaren Nelson Moore
Citation553 F.3d 940
Docket NumberNo. 06-5576.
Decision Date20 January 2009
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Terrell R. BAILEY, Defendant-Appellant.
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96 practice notes
  • United States v. Crumpton, Case No. 13–20842.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • February 11, 2015
    ...the premises, without more, cannot establish constructive possession over contraband found within the premises. United States v. Bailey, 553 F.3d 940, 945 n. 3 (6th Cir.2009).The ammunition was recovered from the front area of a structure that was roughly divided into apartments in which se......
  • United States v. Crumpton, Nos. 15–1299/1560
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 2, 2016
    ...when “there are other incriminating statements or circumstances tending to buttress such an inference.” United States v. Bailey , 553 F.3d 940, 944 n.3 (6th Cir. 2009) (quotation marks omitted). Accordingly, Crumpton's nonexclusive control over the front area of the house—which a jury could......
  • Pesticides, Water Quality, and the Public Trust Doctrine
    • United States
    • Environmental Law Reporter Nbr. 45-10, October 2015
    • October 1, 2015
    ...Life After National Cotton Council of America v. EPA, 20 San Joaquin Agric. L. Rev. 151, 152–53 (2011). 94. National Cotton Council , 553 F.3d at 940. Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 45 E......
  • Pollutant
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...not the result of a transforming human process. See National Cotton Council , 553 F.3d at 938 n.6. 132. National Cotton Council , 553 F.3d at 940. 133. 751 F. Supp. 1088, 21 ELR 20647 (S.D.N.Y. 1990), af’d without opinion , 940 F.2d 649, 21 ELR 21226 (2d Cir. 1991). Chapter 2: “Pollutant” 9......
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90 cases
  • United States v. Crumpton, Case No. 13–20842.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • February 11, 2015
    ...the premises, without more, cannot establish constructive possession over contraband found within the premises. United States v. Bailey, 553 F.3d 940, 945 n. 3 (6th Cir.2009).The ammunition was recovered from the front area of a structure that was roughly divided into apartments in which se......
  • United States v. Crumpton, Nos. 15–1299/1560
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 2, 2016
    ...when “there are other incriminating statements or circumstances tending to buttress such an inference.” United States v. Bailey , 553 F.3d 940, 944 n.3 (6th Cir. 2009) (quotation marks omitted). Accordingly, Crumpton's nonexclusive control over the front area of the house—which a jury could......
  • Guy v. Warden, Ross Corr. Inst., 2:20-cv-5459
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • October 25, 2021
    ...with the search warrant. Guy relies on constructive possession cases from the Sixth Circuit Court of Appeals, United States v. Bailey, 553 F.3d 940 (6th Cir. 2009); United States v. Pena, 983 F.2d 71 (6th Cir. 1993) and United States v. Craig, 522 F.2d 29 (6th Cir. 1975). Bailey discusses w......
  • Thompson v. Skipper, No. 19-1779
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 25, 2020
    ...possession fares no better. Only United States v. Bailey involved constructive possession in the context of drug trafficking charges. 553 F.3d 940 (6th Cir. 2009). There, this court concluded that Bailey's flight from police failed to support his constructive possession of a gun because he ......
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3 books & journal articles
  • Pesticides, Water Quality, and the Public Trust Doctrine
    • United States
    • Environmental Law Reporter Nbr. 45-10, October 2015
    • October 1, 2015
    ...Life After National Cotton Council of America v. EPA, 20 San Joaquin Agric. L. Rev. 151, 152–53 (2011). 94. National Cotton Council , 553 F.3d at 940. Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 45 E......
  • Pollutant
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...not the result of a transforming human process. See National Cotton Council , 553 F.3d at 938 n.6. 132. National Cotton Council , 553 F.3d at 940. 133. 751 F. Supp. 1088, 21 ELR 20647 (S.D.N.Y. 1990), af’d without opinion , 940 F.2d 649, 21 ELR 21226 (2d Cir. 1991). Chapter 2: “Pollutant” 9......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Pollutant' Element of the Federal Water Pollution Offense
    • United States
    • Environmental Law Reporter Nbr. 44-11, November 2014
    • November 1, 2014
    ...not the result of a transforming human process. See National Cotton Council , 553 F.3d at 938 n.6. 132. National Cotton Council , 553 F.3d at 940. 133. 751 F. Supp. 1088, 21 ELR 20647 (S.D.N.Y. 1990), af’d without opinion , 940 F.2d 649, 21 ELR 21226 (2d Cir. 1991). its way to the reservoir......

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