Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Guss v. State

Court of Appeals of Mississippi

April 2, 2019

MICHAEL GUSS, JR. A/K/A MICHAEL PAUL GUSS, JR. A/K/A MICHAEL PAUL GUSS A/K/A MICHAEL GUSS A/K/A MIKE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/21/2017

          COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT TRIAL JUDGE: HON. DAVID H. STRONG JR.

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE McMILLIN

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LISA L. BLOUNT

          DISTRICT ATTORNEY: DEE BATES

          BEFORE BARNES, C.J., WESTBROOKS AND LAWRENCE, JJ.

          LAWRENCE, J.

         ¶1. A Lincoln County jury convicted Michael Guss Jr. of unlawful trafficking of more than thirty grams of methamphetamine. He was sentenced to thirty years in the custody of the Mississippi Department of Corrections, with twenty-five years to serve and five years' post-release supervision. Guss filed a motion for a new trial, arguing that the verdict was against the overwhelming weight of the evidence. We find the verdict was not against the overwhelming weight of the evidence and affirm the conviction and sentence.

         FACTS

         ¶2. On December 2, 2015, Postal Inspector Dominick Riley was working at the United States Postal Inspection Service Center in Jackson, Mississippi. Part of his duties as a postal inspector included looking at packages for indicators that they may contain narcotics. During a routine check, Inspector Riley noticed a suspicious express mail package. The package was heavily taped with handwritten addresses for the return and sender labels. Neither of the names matched the addresses on the package. The package was sent from California, which Inspector Riley testified is a "drug source state." After a drug dog alerted him about the package, Inspector Riley applied for and obtained a search warrant. He testified that the package contained about a pound and a half of methamphetamine. The methamphetamine was wrapped in shrink wrap and surrounded by coffee grounds. According to Inspector Riley, coffee grounds are known to mask the smell of narcotics.

         ¶3. Inspector Riley immediately contacted the Mississippi Bureau of Narcotics' (MBN) district office and spoke with Agent Kendrick Lewis. Inspector Riley and Agent Lewis arranged a controlled delivery of the package to its intended address. The next day, Inspector Riley delivered the package to Guss, who was sitting on the porch of the apartment residence. Agent Lewis observed Guss accept the package. As Inspector Riley left the apartment, MBN agents approached the residence to arrest Guss. Upon seeing the agents, Guss ran inside the apartment and threw his cell phone. The agents caught Guss, arrested him, and secured the residence. Guss was the only person at the apartment during the delivery of the package.

         ¶4. Agent Lewis obtained a search warrant for the residence. The agents found the unopened United States Postal Service (USPS) package near the front door, a cell phone, and about one gram of marijuana in the front bedroom. While inspecting the cell phone, Agent Lewis noticed a browser open for the USPS. The browser was tracking the same package that was delivered to Guss. Agent Lewis testified that he also found various text messages between Guss and other individuals regarding drug transactions. Specifically, Agent Lewis found text messages describing the address and tracking number for the delivered package of methamphetamine.

         ¶5. Agent Lewis contacted Lillian Bailey, the renter of the apartment. According to Agent Lewis, Bailey told Guss that he could use her address to receive a package through the mail. Bailey also told Agent Lewis that Guss had used her address two or three times before to receive other packages. Agent Lewis testified that Bailey claimed ownership of the marijuana located in the front bedroom but denied any knowledge of the USPS package containing methamphetamine.

         ¶6. The Mississippi Forensics Laboratory tested the substance in the package and identified it as 441.26 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.