896 results for 'cat:"Drug Offender"'.
J. Southwick finds the district court properly denied the inmate's request for sentence reduction. Convicted for offenses involving crack and powder cocaine, as well as for firearm use, the inmate says his drug convictions are covered by the Fair Sentencing Act. Though the act covers crack cocaine convictions, penalties for powder cocaine offenses are not covered, leaving the guidelines range unchanged for those. The court did err in dismissing a second motion for lack of jurisdiction, though the inmate's arguments did not address the possibility that the bar against a second motion might be mandatory, because of which the motion must still be dismissed. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: May 21, 2024, Case #: 22-50938, Categories: drug Offender, Sentencing
J. Moore finds the trial court properly convicted defendant for manufacturing marijuana, as well as firearm possession. An officer was dispatched to a report of a parked vehicle partially blocking the road. The officer confirmed with a neighbor where the owner of the vehicle lived and rang the doorbell to no answer. The officer opened the screen door and knocked on the main door, according to protocol, which opened. The officer received no answer when he identified himself, then entered the house for a welfare check, immediately smelling marijuana. He observed marijuana, drug paraphernalia, and an AR-15 in plain view. A search warrant was obtained, with the search yielding substantial evidence supporting the conviction. Defendant's motion to suppress on constitutional grounds was properly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 21, 2024, Case #: A-23-389, Categories: drug Offender, Search, Weapons
J. Gaitas affirms the district court's denial of the drug defendant's petition for exoneration compensation following the reversal of his drug-possession commission. Reversal of a conviction because of a finding that the defendant's search and arrest violated his constitutional rights does not qualify as an exoneration for the purposes of exoneration compensation. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: May 20, 2024, Case #: A23-1329, Categories: drug Offender, Due Process
J. Alley finds a lower court did not err in admitting testimony that drug use put a minor “in a situation where she could be taken advantage of” after defendant was accused of supplying drugs to a minor and sexually abusing her. The jury heard “much more damning” testimony against defendant, and even if the lower court erred in admitting the evidence, it “would not have influenced the jury to give a longer sentence than they otherwise would
have.” Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 20, 2024, Case #: 08-23-00313-CR, Categories: drug Offender, Sex Offender, Child Victims
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to attempted drug sales. Defendant contends his appeal waiver was invalid, but while the written waiver was overly broad, the court's oral colloquy cured any defect. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 113671, Categories: drug Offender, Plea
J. Singas finds that the appellate term should have suppressed evidence discovered during a traffic stop in defendant's trial on drug possession charges because whether the windows of defendant's vehicle had been "excessively tinted" to constitute probable cause had been subjective. Reversed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: May 16, 2024, Case #: 50, Categories: drug Offender, Search
[Consolidated.] J. Sullivan finds that the district court properly sentenced two defendants based on their guilty pleas to trafficking fentanyl but improperly enhanced one defendant's sentence for his leadership role absent evidence of such. Rather, the record indicated defendant operated as an independent middleman who made bulk sales to several customers, and who lacked control over other the other defendant's "parallel" operation. Meanwhile, the second defendant's contention that his family home could not constitute a stash house was not supported by a statutory basis.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 16, 2024, Case #: 22-1804(L), Categories: drug Offender, Sentencing
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to selling drugs. Defendant contends his sentence was harsh in light of his history of drug abuse and assistance he provided authorities under a cooperation agreement, but both had been taken into account when he received a term that fell below the permissible maximum. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 112778, Categories: drug Offender, Sentencing
Per curiam, the circuit finds the district court improperly convicted defendant by guilty plea for being an unlawful drug user in possession of a firearm. Police were dispatched in response to a report of a fight involving a firearm. During a search of the residence, officers found multiple stashes of marijuana, as well as multiple firearms. Defendant was mirandized but agreed to talk with an ATF agent. Defendant admitted to firearm possession and drug use, though he had a medical marijuana card from New Mexico. The court erroneously invoked historical laws disarming dangerous groups to uphold the facial constitutionality of its cited statute, while it also relied on several cases but did not scrutinize the analysis done by the courts. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-50525, Categories: Constitution, drug Offender, Firearms
J. Yegan finds that defendant failed to preserve his claim that he is entitled to resentencing for conspiring to smuggle marijuana into prison. Neither he nor counsel show any legal error occurred in a previous resentencing that took two years off his 10-year sentence. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: May 15, 2024, Case #: B325433, Categories: drug Offender, Sentencing
J. Gaertner finds that the lower court properly convicted defendant of possession of meth. Defendant was under arrest at the time of the search even if officers did not put her in handcuffs or formally state that she was under arrest, as they had informed her she would not be released until after she had been booked. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: May 14, 2024, Case #: ED111402, Categories: drug Offender, Search
J. Fox finds that the lower court properly convicted defendant of drug charges. Defendant claims there was not enough evidence on the record to support the drug conviction, but the drugs in question were found in a small box in defendant's home that defendant was standing right next to when police began their search. This fact alone is enough to establish his possession over the drugs. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: May 14, 2024, Case #: S-23-0215, Categories: drug Offender, Search
J. McCarty finds that while there was no evidence of judicial bias, the trial court was barred from presiding over defendant's postrelease control revocation hearing because he had prosecuted the underlying criminal case prior to being elected. The judge's impartiality is not at question; however, his involvement in a previous portion of the case disqualified him from further participation and, therefore, the case must be remanded for a new hearing in front of a different judge. Reversed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 14, 2024, Case #: 2023-CP-200, Categories: Criminal Procedure, drug Offender, Judiciary
[Consolidated.] J. Cobbs finds that the lower court improperly sentenced defendants' for criminal drug conspiracy and must make an inquiry into allegations of juror misconduct based on a juror's allegations of racial bias during deliberations. The court abused its discretion in refusing to allow the defense to obtain juror 40's affidavit making credible allegations of racial bullying by another juror. However, the sentencing on the charge of running a criminal drug conspiracy was in error because the court cannot impose an extended sentence without the jury making a finding on the specific quantity of drugs forming the object of the conspiracy. Vacated in part.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: May 14, 2024, Case #: 181491, Categories: drug Offender, Jury, Sentencing
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1849, Categories: Criminal Procedure, drug Offender, Discovery
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1848, Categories: Criminal Procedure, drug Offender, Discovery
J. Doyle finds that the trial court properly denied defendant's motion for a new trial on his convictions for methamphetamine trafficking, fleeing or attempting to elude police, failure to maintain lane and abandonment of drugs in a public place. The trial court correctly denied defendant's pre-trial motion to dismiss on speedy trial grounds. Defendant was indicted in August 2021, filed his speedy trial demand in October 2021 and was tried in March 2022. The speedy trial deadline was tolled due to the judicial emergency declared during the Covid-19 pandemic. Defendant's indictment in a separate county and his speedy trial demand in that county both occurred during the emergency tolling period and the charges were dropped after the instant convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 13, 2024, Case #: A24A0438, Categories: drug Offender, Speedy Trial
J. Bush finds the trial court properly denied defendant's motion for safety-valve sentencing relief after he pleaded guilty to drug trafficking charges. Although he cooperated with federal investigators about his drug shipping operation, he failed to provide the names or aliases of any customers and lied about his involvement and monetary gain from the scheme. Meanwhile, although the court's failure to calculate defendant's sentencing guidelines was erroneous, the error was harmless because the court imposed a minimum fine and sentence, which did not prejudice defendant. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: May 13, 2024, Case #: 23-3048, Categories: drug Offender, Sentencing
J. Thapar finds the trial court properly granted the government's request for forfeiture of more than $92,000 in cash found in defendant's bedroom. He not only admitted to dealing drugs in cash transactions when he was convicted of drug trafficking, but he was also familiar with banking as a small business owner, which made it more likely than not the cash was connected to criminal activity and not his legitimate business. However, more than $20,000 in cash found in a dresser drawer must be returned to defendant, who provided evidence of loans and federal grants to support the stockpile of cash. Affirmed in part.
Court: 6th Circuit, Judge: Thapar, Filed On: May 13, 2024, Case #: 22-2032, Categories: drug Offender, Evidence, Forfeiture
J. Johnson finds that the trial court should not have granted defendant's motion to suppress evidence related to possession of drugs. In this case, the police officers had reasonable suspicion to stop defendant based on his suspicious behavior of attempting to hide from officers, with a bulge in his waistband, while at a parade. Further, the officers were not required to determine whether defendant had a concealed permit for his gun because concealed firearms are not permitted on a parade route. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 10, 2024, Case #: 2024-K-0158, Categories: drug Offender, Firearms, Search
J. Hess finds the trial court erroneously determined defendant lacked standing to challenge the constitutionality of a police search of her rental vehicle. Although her rental term had expired, a breach of the rental agreement did not negate her expectation of privacy. However, the officer had probable cause to initiate the traffic stop and defendant consented to the search, which took place in the time span between the initial stop and police dispatch's return of information about defendant, which rendered the search constitutional and allowed the court to deny her motion to suppress. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: May 10, 2024, Case #: 2024-Ohio-1914, Categories: drug Offender, Search
J. Tenney finds that police lacked reasonable suspicion for a traffic stop during which drugs were found. The officer testified that he did not see any traffic violations but stopped defendant because he had recently been stopped for driving without a license. However, the officer did not have any new information about his license status and the months-old citation did not give police reasonable suspicion to detain him. Reversed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 9, 2024, Case #: 20220313-CA, Categories: drug Offender, Search
J. Russel finds the lower court improperly reversed the defendant's convictions. A bystander called the police when they noticed a man slumped over his steering wheel. The police awakened the defendant and detected a strong odor of alcohol on his breath and a faint odor of marijuana. Officers searched the car and found in the glove compartment a loaded pistol and a bag with 24 grams of heroin. The defendant successfully argued to the lower court that he didn't know about the contraband since the car was his mother's and only drove it several days a week. Maintenance receipts in the glovebox showed he used the car more frequently than led on, and their existence showed he likely knew what was in the glove box. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230511 , Categories: drug Offender, Evidence, Dui
J. Markle finds that the trial court properly convicted defendant of trafficking more than 400 grams of methamphetamine and possession with intent to distribute methamphetamine. The trial court correctly excluded evidence that defendant's son had prior convictions for methamphetamine possession, sale and distribution. Defendant claimed the evidence explained his state of mind in taking responsibility for the drugs to prevent his son from being arrested and showed the son's ability and intent to possess the drugs. The evidence was inadmissible and its exclusion did not prevent defendant from mounting his defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 9, 2024, Case #: A24A0010, Categories: drug Offender, Evidence, Ineffective Assistance
J. Thapar finds the trial court properly denied defendant's motion to suppress evidence obtained from a search of his home despite errors on the warrant application. Although the address and tax identification information were incorrect, the application included a detailed description of the property, including the exterior colors and information about a red star attached to the home, that indisputably identified defendant's home as the property to be searched. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: May 9, 2024, Case #: 23-1585, Categories: drug Offender, Search
J. Badding finds that defendant was properly sentenced following revocation of deferred judgment for repeated probation violations because he used illegal drugs, failed to maintain contact with his probation officer or pay court-ordered financial obligations, and failed to obtain a substance-use evaluation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 23-1091, Categories: drug Offender, Probation, Sentencing
J. Badding finds that defendant was improperly convicted of drug offenses after police found mushrooms inside his residence because drug tests did not confirm the presence of psilocybin in mushrooms confiscated from the scene. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 22-1988, Categories: drug Offender, Evidence