United States v. Gary Warick

── United States v. Gary Warick ── Court: Court of Appeals for the Sixth Circuit Date: May 28, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0244n.06 No. 24-6024 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED May 28, 2026 ) KELLY L. STEPHENS, Clerk UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE EASTERN DISTRICT OF GARY D. WARICK, ) KENTUCKY Defendant-Appellant. ) ) OPINION Before: SUTTON, Chief Judge; STRANCH and LARSEN, Circuit Judges. JANE B. STRANCH, Circuit Judge. Defendant-Appellant Gary Warick directly appeals his conviction of four counts related to the distribution of methamphetamine, arguing that he was entrapped into selling drugs to a Kentucky State Police (KSP) informant. At trial, the Government presented a federal jury with recordings of Warick selling drugs to the informant, along with evidence of drugs, drug paraphernalia, and cash recovered from Warick’s home and person. The jury convicted Warick on all counts and determined that the cash seized from Warick’s person was subject to forfeiture. On appeal, Warick contends that the district court erred by (1) declining to give the jury an entrapment instruction on three of the four counts; (2) denying Warick’s post-trial motion for judgment of acquittal; (3) excluding evidence Warick sought to admit at trial; (4) denying his request to subpoena witnesses; (5) denying his motion for a new trial; and (6) denying his motion to suppress the video of one of the controlled buys that took place at his No. 24-6024, United States v. Warick home. He also argues that the jury’s forfeiture verdict should be overturned. For the reasons set forth below, we AFFIRM the district court on all issues. I. BACKGROUND A. Factual Background In March 2022, Warick was arrested in Kentucky and spent three days at the Floyd County Detention Center where he shared a cell with Billy Hunter. After Warick’s release, Hunter sent a letter informing a deputy in the detention center that a hit had been put out on him and another deputy. The KSP was informed of this potential threat and sent Detective Bradford Martin to interview Hunter. Hunter told Martin that Warick wanted to hire Hunter to murder two deputies and a judge involved with Warick’s arrest; Hunter also mentioned the involvement in the murder plot of a man named John Pinion and detailed Warick’s drug activity, including Warick’s supplier, the quantity of drugs Warick obtained, and the prices Warick paid. The KSP began an investigation into Warick for both the murder-for-hire plot and drug trafficking. It released Hunter from custody in exchange for his agreement to work for KSP as a paid cooperating informant and to conduct controlled drug purchases from Warick. At trial, Warick testified that he let Hunter stay at his home in 2022 because Hunter needed shelter and food after he was released from jail. Around this time, Hunter, working as a KSP informant, arranged two controlled buys with Warick: the April 26 buy and the May 3 buy. In preparation for the April 26 buy, the KSP gave Hunter $800 of prerecorded money and a video and audio recording device that resembled a cel