Tracking Warrant Validity Post-Ownership Transfer and Middleman Liability in Chain Drug Conspiracies

Introduction

United States v. Simpson, Figures & Wynn (6th Cir. 2025) consolidates three defendants’ appeals from convictions and sentences in a large-scale Toledo drug conspiracy. Federal and local law enforcement had uncovered a network centered on “middleman king” Anthony Duff, Jackie Green (fentanyl supplier), and associates Christopher Simpson (retail crack/cocaine dealer), Marquise Figures (street distributor), and Antuan Wynn (cocaine source). Following recorded calls, GPS tracking of a blue Dodge Charger, and physical surveillance, a grand jury indicted 27 individuals. Simpson, Figures, and Wynn elected trial; all were convicted of 21 U.S.C. § 846 conspiracy and related counts (Wynn pleaded to § 922(g)(1) separately). They challenge Fourth Amendment searches, sufficiency of proof on conspiracy, buyer–seller exception, sentencing-guidelines calculations, and several enhancements.

Summary of the Judgment

The Sixth Circuit affirmed on all fronts. It held that (1) officers had probable cause to seize and, after impoundment, inventory-search the Charger as forfeitable contraband under the automobile exception—even after ownership passed to Simpson—and need not obtain a new GPS-tracking warrant post-transfer; (2) evidence of on-going trafficking at a traffic stop and recorded calls supported each defendant’s conspiracy conviction, with the “buyer–seller” exception narrowly confined to pure end-user purchases; (3) drug-quantity findings for sentencing (fentanyl and cocaine) were plausible, based on co-conspirator testimony and wire intercepts; (4) obstruction, weapon, and premises enhancements under the Sentencing Guidelines were properly applied; and (5) no prejudicial variance or instructional error occurred.

Analysis

Precedents Cited

Fourth Amendment & Automobile Exception: Carroll v. United States (1925), South Dakota v. Opperman (1976), Florida v. White (1999), United States v. Lumpkin (6th Cir. 1998), United States v. Smith (6th Cir. 2007), United States v. Jones (2012), United States v. Knotts (1983), United States v. Karo (1984), Brigham City v. Stuart (2006), United States v. Williams (6th Cir. 2023).
Drug-Quantity & Relevant Conduct: U.S. Sent’g Guidelines § 2D1.1; United States v. Gardner (6th Cir. 2022), United States v. Histed (6th Cir. 2024), United States v. Tisdale (6th Cir. 2020), United States v. Estrada-Gonzalez (6th Cir. 2022).
Drug Conspiracy & Buyer–Seller Exception: United States v. Wheat (6th Cir. 2021), United States v. Mosley (6th Cir. 2022), United States v. Martinez (6th Cir. 2005), United States v. Davenport (6th Cir. 1987), United States v. Warner (6th Cir. 1982).
Sentencing Enhancements: § 3C1.1 Obstruction; § 3B1.2 Role Adjustments; § 2D1.1(b)(1) Weapon; § 2D1.1(b)(12) Drug Premises.

Legal Reasoning

1. Fourth Amendment Seizure & Search: The court treated the Charger as “forfeitable contraband” under 21 U.S.C. § 853(a)(2) and Ohio Rev. Code § 2981.02. Under Carroll and its progeny, a warrantless stop and seizure of a vehicle is lawful if officers have probable cause to believe the vehicle itself is contraband. The original GPS-tracking warrant remained valid despite Simpson’s title transfer because probable cause “need not be tied to any particular person,” and no new trespass or search occurred once the device was lawfully placed. Finally, impoundment inventory-searches comply with Opperman.

2. Scope of Conspiracy & Buyer–Seller Exception: A narco-chain conspiracy under § 846 may cover multiple tiers—manufacturers, wholesalers, retailers, end users. The “buyer–seller” exception is “narrow,” applying only when a defendant’s sole role is purchasing for personal use. Here, Wynn’s repeated, standardized cocaine supplies to Duff, plus pooled-money transactions, showed an implicit agreement to distribute downstream, bringing him squarely within the conspiracy.

3. Drug-Quantity & Sentencing: Drug quantity is proven by a preponderance (Histed), with reasonable estimates based on co-conspirator testimony and wire intercepts (Tisdale). Duff’s testimony (650 g fentanyl + 1 kg brick + multiple half-kilo/9-oz. cocaine transactions) gave each defendant a plausible, non-erroneous basis for base-offense levels of 32 (Simpson), 24 (Figures), and 30 (Wynn).

4. Sentencing Enhancements:

Obstruction (§ 3C1.1): Threats to a co-conspirator to silence testimony suffice.
Weapon (§ 2D1.1(b)(1)): A felon’s firearm in premises used for trafficking meets the “present during” standard absent clear improbability.
Drug Premises (§ 2D1.1(b)(12)): Regular cocaine transactions at the Loxley residence trigger a two-level enhancement.
No Minor-Role Adjustment (§ 3B1.2): All defendants bore substantial responsibility in multi-ton conspiracies.

Impact

This decision reinforces law-enforcement authority to track and seize vehicles as long as the initial warrant is valid, even after title transfers. It also underscores that middlemen in chain conspiracies cannot hide behind a narrow buyer–seller exception; repeated, standardized transfers imply an agreement to distribute downstream. Sentencing practice is clarified: district courts may consider acquitted conduct (Watts), apply enhancements for obstruction, weapons, and premises, and need not variably address crack-powder disparities without an explicit downward variance.

Complex Concepts Simplified

Probable Cause & Automobile Exception: If police reasonably believe a car itself is contraband, they may stop and search it without a warrant—even if ownership changes.
Forfeitable Contraband: Property used to facilitate drug crimes can be seized and forfeited under federal and state law.
Chain Drug Conspiracy: An interdependent network of suppliers, middlemen, and dealers forming one unified agreement to distribute controlled substances.
Buyer–Seller Exception: A pure retail transaction for personal use does not prove conspiracy, but repeated, standardized wholesale dealings do.
Relevant Conduct & Drug Quantity: Sentencing considers all drugs “reasonably foreseeable” within the conspiracy, proven by preponderance with reasonable estimation.
Sentencing Enhancements: Two-level increases may apply for obstruction of justice, possession of weapons in furtherance of trafficking, and premises used for drug distribution.

Conclusion

United States v. Simpson, Figures & Wynn (6th Cir. 2025) cements two critical principles: first, that a valid GPS-tracking warrant for a forfeitable contraband vehicle survives change of ownership without reissuance; second, that participants supplying or distributing drugs in a chain conspiracy are fully liable under § 846 when their conduct is standardized, repeated, and directed toward resale—well beyond a simple buyer–seller relationship. The decision offers clear guidance for law enforcement, prosecutors, defense counsel, and sentencing courts on Fourth Amendment vehicle seizures, the narrow scope of the buyer–seller exception, and faithful application of the Sentencing Guidelines.