United States v. Pack

Defendant-appellant, Kevin Andrew Pack II (Pack), was charged with possession with intent to distribute 17.91 pounds of marihuana in violation of 21 U.S.C. § 841(a)(1) and using, possessing, and carrying a Luger pistol during, in relation to, and in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Pack filed a motion to suppress the marihuana and the pistol, arguing that this evidence was tainted by an unconstitutional detention of his person that occurred during the traffic stop and subsequent search of the vehicle in which he had been a passenger. The district court denied his motion to suppress, finding that he lacked standing to challenge the evidence. Pack entered a conditional guilty plea in which he pleaded guilty to the charge of possessing the pistol in violation of section 924(c)(1), but reserved the right to appeal the denial of his motion to suppress. Under the terms of his plea agreement, the charge of possession with intent to distribute marihuana was dismissed.