UNITED STATES OF AMERICA v. DUANE GARY UNDERWOOD, II - Articles

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UNITED STATES OF AMERICA v. DUANE GARY UNDERWOOD, II

Posted by: Azya Thornton on Feb 26, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Mary Chartier, CHARTIER & NYAMFUKUDZA, P.L.C., Okemos, Michigan, for Appellant.

Attorneys 2: ARGUED: Timothy P. VerHey, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Mary Chartier, CHARTIER & NYAMFUKUDZA, P.L.C., Okemos, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Timothy P. VerHey, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Judge(s): GRIFFIN, STRANCH, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

JANE B. STRANCH, Circuit Judge. Duane Gary Underwood, II appeals his criminal conviction for possession with intent to distribute 50 grams or more of methamphetamine,possession with intent to distribute 5 grams or more of methamphetamine, possession of a stolen firearm, and possession of a firearm in furtherance of a drug trafficking crime. Underwood raises ten issues on appeal: (1) whether 18 U.S.C. § 924(c)(1)(A) is unconstitutional, (2) whether the officers who detained Underwood lacked reasonable suspicion to do so, (3) whether Underwood was unreasonably searched, (4) whether a search warrant for Underwood’s phone was invalid, (5) whether the trial court improperly admitted a set of photos and text messages under Federal Rule of Evidence 404(b), (6) whether the court erred in disallowing inquiry into potential Rule 404(b) evidence during voir dire, (7) whether the evidence was insufficient to support Underwood’s convictions, (8) whether the district court abused its discretion in allowing portions of grand jury testimony to be read into the record pursuant to Rule 803(5), (9) whether the jury instructions were improper, and (10) whether Underwood’s conviction should be overturned because the Government attorney was unlicensed. For the reasons that follow, we AFFIRM.

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