United States v. Malik McKenzie

── United States v. Malik McKenzie ── Court: Court of Appeals for the Eleventh Circuit Date: May 20, 2026 Category: CON USCA11 Case: 25-12544 Document: 22-1 Date Filed: 05/20/2026 Page: 1 of 15 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12544 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MALIK JAVIER MCKENZIE, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:24-cr-00047-RSB-CLR-1 ____________________ ____________________ No. 25-12550 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, USCA11 Case: 25-12544 Document: 22-1 Date Filed: 05/20/2026 Page: 2 of 15 2 Opinion of the Court 25-12544 versus MALIK JAVIER MCKENZIE, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:25-cr-00065-RSB-CLR-1 ____________________ Before LUCK, LAGOA, and MARCUS, Circuit Judges. PER CURIAM: Malik McKenzie appeals his convictions and 595-month sen- tence for one count of possession with intent to distribute fentanyl, cocaine, carfentanil, and methamphetamine; one count of posses- sion of a machinegun in furtherance of a drug trafficking crime; and one count of possession of a firearm by a convicted felon. The con- victions arose out of a traffic stop, after Officer Josh Myers of the Hinesville Police Department (“HPD”) witnessed a Ford Fiesta run a stop sign. When Officer Myers attempted to pull the car over, it drove away and eventually crashed, and two men fled from the car on foot. Officer Myers gave chase and caught up to one of the men, Malik McKenzie; McKenzie struggled with the officer, trying to reach his gun belt; McKenzie was apprehended; and drugs and a loaded Glock 9-mm pistol were found on McKenzie’s person. Later, during his jury trial on the drug and firearm charges, McKenzie passed a note to a guard attempting to bribe a juror. He pled guilty to one count of obstructing justice by endeavoring to USCA11 Case: 25-12544 Document: 22-1 Date Filed: 05/20/2026 Page: 3 of 15 25-12544 Opinion of the Court 3 influence a juror and proceeded to a combined sentencing hearing on his trial convictions and his jury tampering conviction. His ap- peals from these related cases are consolidated here. On appeal, McKenzie argues that: (1) the district court erred in denying his motion to suppress because the officer who stopped his car lacked reasonable suspicion necessary to justify a traffic stop; (2) the court abused its discretion in admitting evidence of McKen- zie’s past drug sales under Federal Rule of Evidence 404(b); (3) the court erred in denying his motion for judgment of acquittal based