UNITED STATES COURT OF APPEALS January 22, 2024 Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 22-8064

JERRY DARNELL DAWSON, JR.,

Defendant - Appellant. _________________________________

Appeal from the United States District Court for the District of Wyoming (D.C. No. 1:20-CR-00178-ABJ-1) _________________________________

Z. Seth Griswold, Assistant United States Attorney (Nicholas Vassallo, United States Attorney, with him on the brief), Cheyenne, Wyoming, for Plaintiff-Appellee.

Keith Bradley (Chassica Soo with him on the briefs), of Squire Patton Boggs (US) LLP, Denver, Colorado, for Defendant-Appellant. _________________________________

Before PHILLIPS, BALDOCK, and McHUGH, Circuit Judges. _________________________________

BALDOCK, Circuit Judge. _________________________________

Wyoming Highway Patrol Trooper Harley Kalb pulled over Defendant Jerry

Dawson for speeding in a rental car. After issuing a speeding citation but before

Defendant produced his rental agreement, Trooper Kalb discovered marijuana in plain

view, searched Defendant’s rental car, and seized two pounds of methamphetamine. We Appellate Case: 22-8064 Document: 010110987655 Date Filed: 01/22/2024 Page: 2

consider here whether the Fourth Amendment permits an officer to prolong an otherwise

completed traffic stop of a rental vehicle, absent reasonable suspicion, to determine

whether the driver is authorized to drive the vehicle at the time of the stop. Bound by

United States v. Cates, 73 F.4th 795 (10th Cir. 2023), we hold that it does in this case.

Defendant also appeals his 70-month imprisonment sentence, arguing the district court

erred in concluding it could not adjust his sentence to account for Defendant’s pretrial

time served for a relevant offense. Exercising jurisdiction under 28 U.S.C. § 1291, we

affirm the district court’s denial of Defendant’s motion to suppress and dismiss

Defendant’s appeal of his sentence.

I.

On October 12, 2020, Trooper Harley Kalb was patrolling Highway 50 in

Campbell County, Wyoming. Trooper Kalb observed a black Chrysler 300 sedan in the

oncoming lane speeding to pass another vehicle. He clocked its speed at 92 miles per

hour by radar in a 70 miles per hour zone. 1 Trooper Kalb made a U-turn and pursued the

Chrysler. When Trooper Kalb caught up to the Chrysler, the driver had already pulled

over onto the shoulder. Trooper Kalb activated his emergency lights and pulled in behind

the Chrysler.

At approximately 9:52 a.m., Trooper Kalb exited his patrol car and approached the

Chrysler from the passenger side. He observed who would later be identified as

Defendant Jerry Dawson in the driver’s seat and Defendant’s friend Bobby Dickerson in

1 Trooper Kalb testified that Wyoming law only allows drivers to exceed the speed limit by ten miles per hour to pass.

2 Appellate Case: 22-8064 Document: 010110987655 Date Filed: 01/22/2024 Page: 3

the front passenger’s seat. Trooper Kalb advised Defendant that he stopped him for

speeding. Defendant responded that he was in a hurry because he was running out of

fuel. Trooper Kalb asked for Defendant’s license and vehicle documentation. Defendant

turned over his driver’s license and a registration card showing that Avis Car Rental

(“Avis”) owned the Chrysler. Defen

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