16 results for 'cat:"Drug Offender" AND cat:"Evidence" AND cat:"Firearms"'.
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence located in his vehicle during a traffic stop for equipment violations. The defendant argued that authorities improperly obtained a warrant to search his residence, which resulted in the discovery of cash, cocaine, and a loaded firearm. However, the government sufficiently showed in court that police officers were entitled to enter his home after he called an associate from his cell phone while sitting in the back of a patrol car and directed him to hide his drugs, which was captured on a dash cam. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: March 28, 2024, Case #: 23-1412, Categories: drug Offender, evidence, firearms
J. Colloton finds a lower court properly sentenced a defendant to 280 months in prison for possession of a firearm and meth, which police discovered in a boot under the seat of his vehicle. The defendant argued that the lower court erred in admitting testimony concerning his arrest and a conviction in 2016. However, the government sufficiently showed in court that the evidence presented was relevant and that the defendant knowingly used a firearm to traffic drugs. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 29, 2024, Case #: 22-3424, Categories: drug Offender, evidence, firearms
J. Walker finds the lower court properly denied the defendant's motion to suppress evidence stemming from the execution of a search warrant. The police had probable cause to search his residence because an accomplice to his firearms and drug selling told them they would find a plethora of evidence at his house following a post-arrest interview. Affirmed.
Court: 4th Circuit, Judge: Walker, Filed On: January 25, 2024, Case #: 22-4088, Categories: drug Offender, evidence, firearms
J. King finds the lower court properly denied the defendant's motion to suppress evidence that police seized from his house. The defendant's wife told officers when they attempted to execute an arrest warrant at the defendant's home that another grown woman, two children, and a dog were in the residence, giving the officers credible reason to conduct a sweep of the home to ensure the civilian's safety. While conducting the sweep, an officer found guns and THC gummies. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 23, 2024, Case #: 22-4536, Categories: drug Offender, evidence, firearms
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J. Elrod finds the trial court properly convicted defendant for various drug trafficking and firearm charges based on sufficient evidence. Quantities of cocaine and firearms were discovered in defendant's possession, and evidence was properly admitted through the independent source doctrine, which allows for information arrived through an independent source. Affirmed.
Court: 5th Circuit, Judge: Elrod , Filed On: December 21, 2023, Case #: 22-30690, Categories: drug Offender, evidence, firearms
Per curiam. The Eighth Circuit finds a lower court properly sentenced a defendant after he pleaded guilty to possession with intent to distribute 50 grams or more of meth and possession of a firearm as an unlawful user of controlled substance. The defendant argued that the lower court erred in enhancing his sentence. However, the government sufficiently showed in court that authorities located a "user- amount" of meth in his vehicle and a loaded pistol. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 22-3101, Categories: drug Offender, evidence, firearms
J. Hixson finds the trial court properly convicted defendant for possession of drug paraphernalia, felon in possession of a firearm and criminal use of a prohibited weapon, sentencing him to consecutive prison terms of six, six, and three years. Defendant tested positive for meth six days before a police search and his wife testified that he is a recreational user. This established that defendant had access to meth. During the search of defendant’s bedroom, the police found used syringes with residue as well as unused syringes in proximity to baggies containing meth. All evidence supports the convictions. The case is remanded to correct clerical errors on the sentencing order. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CR-23-128, Categories: drug Offender, evidence, firearms
J. Soto finds a lower court ruled correctly in finding defendant guilty of being a felon in possession of a firearm and in determining that he deserved a repeat offender enhancement on his sentence. Defendant raised a number of issues with the trial, including arguing that the state could not show that he owned a firearm found in a vehicle he was driving and that the initial vehicle search had not been lawful. The initial search was lawful because defendant was in the park after closing, violating a city ordinance, and when an officer confronted him, he noticed a “strong smell” of marijuana coming from the car, which defendant admitted to smoking. Defendant also never moved during trial to suppress evidence of the firearm found in his vehicle. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: September 22, 2023, Case #: 08-23-00112-CR, Categories: drug Offender, evidence, firearms
J. Rushing finds the lower court improperly denied the defendant's motion to suppress evidence from an allegedly unlawful seizure leading to his conviction for possessing a firearm as an unlawful drug user. A postal inspector called his friend from the police department after he saw a man he found suspicious walking through an alleyway near an unoccupied home with an "Oh, no, I’m caught” look on his face. The postal inspector spotted him. The police searched the defendant despite not having any evidence of him committing any wrongdoing, leading to them finding a gun and prescription drugs. Vacated.
Court: 4th Circuit, Judge: Rushing, Filed On: August 31, 2023, Case #: 22-4063, Categories: drug Offender, evidence, firearms
J. Klappenbach finds the trial court properly convicted defendant for simultaneous possession of fentanyl, heroin, and marijuana with the purpose to deliver, and a firearm. After being stopped for a moving violation, it was discovered that defendant had an outstanding warrant. The officer arrested defendant, telling him to leave a bag he had on his shoulder in the car. A search of defendant’s pockets yielded a substantial amount of cash and a rock of fentanyl. A search of the bag yielded the handgun and more drugs. All evidence supports the conviction. The patrol vehicle’s dashboard camera confirmed that a passenger in the vehicle did not appear to have touched anything on or around the driver’s side of the car as claimed by defendant. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: August 30, 2023, Case #: CR-22-652, Categories: drug Offender, evidence, firearms
J. Grasz finds a lower court properly indicted a defendant for conspiracy to distribute cocaine, possession of a firearm to further a drug trafficking crime, and possessing a firearm as a prohibited person. The defendant argued that the lower court erred in denying his motion to suppress evidence concerning his participation in selling cocaine along side his wife. However, the government presented sufficient evidence in court that he sold drugs to a confidential informant, which resulted in the seizure of $154,000 in cash and handwritten notes for prices of drugs, scales, and ammunition, which was not based on false information in a search warrant obtained by authorities. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: July 24, 2023, Case #: 22-1816, Categories: drug Offender, evidence, firearms
J. Shepherd finds a lower court properly convicted a defendant for possession of meth and firearms. The defendant argued that the lower court erred in refusing his motion to suppress evidence seized by a narcotics task force for inaccuracies in a search warrant. However, the government presented sufficient evidence in court that the inconsistencies did not undermine probable cause. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-2780, Categories: drug Offender, evidence, firearms
Pere curiam, the Fifth Circuit finds the district court properly convicted defendant for possession with intent to distribute cocaine and firearm possession. Although defendant argues that no evidence shows he knowingly possessed firearms, the weapons were found in a room which also contained a recent traffic ticket issued to defendant as well as a bill for cable and internet service at his address, all next to a backpack containing marijuana sold to defendant during a controlled delivery. The jury also heard an audio recording of defendant saying that he was “locked and loaded … and had unlimited bullets.” This satisfies plain error review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 13, 2023, Case #: 22-30409, Categories: drug Offender, evidence, firearms
J. Welch finds the trial court properly convicted defendant for firearm possession by a prohibited person and possession of more than one pound of marijuana. Stopped for speeding and other violations, defendant’s story did not match with his passenger’s. A search of the vehicle yielded the drugs and gun. Defendant was recorded on the cruiser cam saying that he was illegally in possession of the gun. Defendant’s criminal history was considered, along with his previous failures at probation and parole and his high risk to reoffend. The sentences were within the statutory range for habitual criminal enhancements and were not an abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-077, Categories: drug Offender, evidence, firearms
J. Heavican finds the court of appeals properly affirmed defendant’s conviction for possession of a firearm by a prohibited person, refuting his claims of ineffective assistance. After defendant was arrested pursuant to a drug deal-involved shooting, a witness testified that defendant “carries a Glock 9 with an extended clip everywhere he goes.” Though counsel failed to object to this propensity evidence, it is cumulative of other testimony to which defendant does not assign error and is therefore harmless. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: May 19, 2023, Case #: S-21-1036, Categories: drug Offender, evidence, firearms