No. 23-2179 ___________________________

United States of America

Plaintiff - Appellee

v.

Darion Lemont Thomas

Defendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: January 9, 2024 Filed: April 5, 2024 ____________ Before BENTON, ERICKSON, and KOBES, Circuit Judges. ____________ ERICKSON, Circuit Judge.

Darion Thomas entered conditional pleas to two offenses: possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(C), and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). On appeal, Thomas asserts the district court1 erred when it (1) found the search of a backpack was voluntary; (2) determined law enforcement’s five-day delay between the seizure of a cell phone and the issuance of the search warrant for it was reasonable; and (3) applied a two- level enhancement under U.S.S.G. § 3B1.1 based on text messages that showed a buyer-seller relationship. We affirm. I. BACKGROUND

On September 3, 2021, law enforcement learned that Thomas, who had outstanding arrest warrants, was at a hospital in Bettendorf, Iowa, with his sick child and the child’s mother, Tyliyah Parrow. Surveillance video showed Thomas and Parrow arriving at the hospital, with Parrow carrying a child’s backpack and Thomas carrying a child and a cell phone. Later, the video captured Thomas entering and exiting the hospital using the phone while carrying the backpack.

Detective Joseph Dorton learned from the child’s treating doctor that the child would be discharged that morning. After Thomas’s son finished receiving treatment, six plain-clothed officers and one uniformed officer approached the hospital room to arrest Thomas. Several officers entered the room, quickly brought Thomas to the floor, removed a gun from Thomas’s waistband, handcuffed him, and moved him to the hallway. The entire process took three minutes from the time the first officer entered the room.

After Thomas was taken from the room, Detective Dorton spoke with Parrow who was sitting on the hospital bed with her son. He introduced himself in a conversational tone and explained to Parrow that Thomas was being arrested for outstanding warrants. He asked Parrow if she knew whose backpack was on the table at the foot of the bed that was within arms-reach of where Thomas had been sitting. Parrow motioned to herself. Detective Dorton followed up and asked Parrow, “Is that yours?” Parrow nodded and responded, “Yeah.” Detective Dorton

1 The Honorable Stephen H. Locher, United States District Judge for the Southern District of Iowa. -2- then asked, “Is it okay if I search it to make sure there’s nothing illegal in there?” Parrow said, “Yeah.” Detective Dorton asked one more time, “Is that okay with you?” and Parrow again responded, “Yeah.” She then asked for her phone back which officers had taken from Thomas.

Detective Emily Rasche offered to find Parrow’s phone and Detective Dorton asked Rasche to remain in the hospital room. When Detective Dorton placed his hand on the backpack, he asked Parrow a third time if she was okay with him searching the backpack, and she responded, “Yeah.” Just as Detective Dorton started opening the backpack, he heard what sounded like a scuffle in the hallway. Detective Dorton went into the hallway where Thomas was apparently resist