UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 19-1038 ___________

UNITED STATES OF AMERICA

v.

TYKEI GARNER, Appellant ___________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 1-16-cr-00341-002) District Judge: Honorable John E. Jones III ___________

No. 19-1326 ___________

UNITED STATES OF AMERICA

v.

JERRY FRUIT, Appellant ___________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 1-16-cr-00341-001) District Judge: Honorable John E. Jones III ___________

Argued January 14, 2020 Before: HARDIMAN, PORTER, and PHIPPS, Circuit Judges.

(Opinion Filed: May 29, 2020)

John F. Yaninek [Argued] Thomas Thomas & Hafer 305 North Front Street 6th Floor Harrisburg, PA 17101 Attorney for Appellant Tykei Garner Keith M. Donoghue [Argued] Federal Community Defender Office for the Eastern District of Pennsylvania 601 Walnut Street The Curtis Center, Suite 540 West Philadelphia, PA 19106 Attorney for Appellant Jerry Fruit

2 David J. Freed Scott R. Ford [Argued] Office of United States Attorney Middle District of Pennsylvania 228 Walnut Street, P.O. Box 11754 220 Federal Building and Courthouse Harrisburg, PA 17108 Attorney for Appellee United States of America

____________

OPINION OF THE COURT ____________ HARDIMAN, Circuit Judge.

These consolidated appeals require us to determine whether a Pennsylvania state trooper unlawfully prolonged a traffic stop. Appellants Jerry Fruit and Tykei Garner challenge the District Court’s denial of their joint motion to suppress evidence, claiming the traffic stop violated their Fourth Amendment right to be free from unreasonable seizures. Garner also claims the District Court erred when it allowed the Government to use his prior drug conviction as Rule 404(b) evidence. Finally, Garner contends the evidence was insufficient to convict him of a conspiracy to distribute heroin and cocaine. We will affirm.

I

On July 5, 2016, Pennsylvania State Trooper Kent Ramirez stopped a car with a New York license plate for speeding on Interstate 81 near Harrisburg, Pennsylvania. Prior

3 to the stop, Trooper Ramirez ran the license plate and learned the car was owned by Enterprise Rent-A-Car, though it lacked the typical bar code rental stickers.

The entire traffic stop was recorded on Trooper Ramirez’s dashcam. When Ramirez approached the passenger side of the vehicle, he smelled a strong odor of air freshener and noticed that each vent had an air freshener clipped to it. Ramirez identified himself, asked for the driver’s license, and explained that the driver was going 75 miles per hour in an area with a posted speed limit of 55. Because traffic was noisy, Ramirez asked the driver to exit the vehicle so they could talk on the side of the road.

The driver identified himself as Jerry Fruit and gave Ramirez his driver’s license and rental car agreement. In response to an inquiry from Ramirez, Fruit said he was traveling from Manhattan to Hagerstown, Maryland to visit his cousin for about two days. He also identified his passenger, Tykei Garner, as his cousin. The rental agreement listed Fruit as the authorized driver of the vehicle, but limited to the state of New York. And the agreement stated that it covered a rental period of June 11–15, so it appeared to have expired twenty days before the traffic stop. Id. W