880 results for 'cat:"Drug Offender"'.
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
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Per curiam, the Seventh Circuit finds that the lower court properly determined defendant is not entitled to a reduced sentence under the First Step Act. Defendant was convicted in 1998 of engaging in a continuing criminal enterprise (CCE) by managing the drug-trafficking operation of the Latin Kings street gang in Chicago and sentenced to life in prison. CCE convictions are not covered offenses under the Act because the statutory penalties of 20 years to life were not altered by the Fair Sentencing Act. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-1318, Categories: drug Offender, Sentencing, Gangs
J. Pirtle finds the trial court properly convicted defendant for operating a motor vehicle to avoid arrest. Officers conducting surveillance on a home saw defendant drive by and, while following him, defendant began driving at excessive speeds and making sudden turns. Pursuit was ended for safety concerns and officers identified defendant through vehicle registration records and his prior booking photos. Sufficient evidence supports the conviction, and all factors were properly considered in sentencing him to two years in prison, as well as a license suspension. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 7, 2024, Case #: A-23-721, Categories: drug Offender, Escape, Vehicle
J. Murphy finds the lower court properly denied defendant's motion for resentencing under the First Step Act because his drug trafficking crimes involved an intent to distribute over 500 grams of crack cocaine, well in excess of the 280 grams required to trigger a life sentence under the 2018 revised version of the Act. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: May 7, 2024, Case #: 21-3753, Categories: drug Offender, Sentencing
J. Davis finds the district court properly convicted the doctor for unlawful distribution of controlled substances based on sufficient evidence. After the health management company developed concerns about the doctor's inability to maintain patient and medication records, warning him several times, he was terminated and opened a private practice. The DEA launched an investigation into his prescriptions after receiving a tip from a confidential informant, and the ensuing sting operation led to the doctor's arrest. That the prescriptions lacked a legitimate medical purpose is established in that they were issued outside the usual course of professional practice. Affirmed.
Court: 5th Circuit, Judge: Davis , Filed On: May 6, 2024, Case #: 23-30191, Categories: drug Offender, Fraud, Jury Instructions
J. Segal partially affirms the defendant's convictions of two counts of fifth-degree controlled-substance crime. The Minnesota Good Samaritan overdose medical assistance act provides immunity from prosecution for certain such crimes when a person "acting in good faith... seeks medical assistance" for someone suffering a drug-related overdose. The statute offers immunity, rather than an affirmative defense, but the "good faith" requirement for immunity applies only to seeking medical assistance, rather than the other criteria set out in the statute.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: May 6, 2024, Case #: A23-0685, Categories: drug Offender, Criminal Negligence
J. Jackson finds that the trial court properly denied a juvenile's motion to suppress firearms found in the car he was driving. A marijuana blunt in plain sight during a valid traffic stop gave police probable cause to search the car. Open containers of marijuana in a moving motor vehicle are unlawful, marijuana in blunt form is an open container since the wrapping paper does not present a barrier to accessing it and minors may not possess any amount of marijuana. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 3, 2024, Case #: A167331, Categories: drug Offender, Juvenile Law, Search
[Consolidated.] J. Smith finds a lower court properly dismissed a defendant's motion to remain in the U.S. The defendant, who was arrested and convicted for possession of illegal drugs, argued that he was entitled to a deferral of removal under the Convention Against Torture Act, and then a bid for reconsideration after the board of immigration appeals denied his application for CAT. However, the government sufficiently showed in court that he was not entitled to relief based on lack of evidence that he would be tortured by a drug cartel and high ranking, corrupt officials in Mexico. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: May 3, 2024, Case #: 22-2474, Categories: drug Offender, Evidence, Immigration
J. Corrigan finds that the trial court should have suppressed the methamphetamine and revolver police found in defendant's car as the products of an unlawful search. His presence in a high crime area at night, ducking out of sight, fiddling with his shoes and refusing to acknowledge police officers are factors that police are not required to ignore. But they were not acts of outright evasion and did not combine to support an articulable and reasonable suspicion that he was involved in illegal conduct. Reversed.
Court: California Supreme Court, Judge: Corrigan, Filed On: May 2, 2024, Case #: S267522, Categories: drug Offender, Firearms, Search
J. Grasz finds a lower court properly convicted a defendant for possession of cocaine with intent to distribute. The defendant, a wholesale cocaine dealer, argued that law enforcement was not entitled to obtain a tracking warrant for his vehicle and warrants for an apartment and a music studio. However, the government presented sufficient evidence in court that an informant sold drugs to the defendant's runner, who began cooperating with authorities, which resulted in the defendant making threats over Facebook, claiming he would get his hands on the trial witness list and send it to "unknown actors in Mexico." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 2, 2024, Case #: 23-2364, Categories: drug Offender, Evidence, Threats
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: drug Offender, Evidence, Conspiracy
J. Grogan finds the circuit court properly denied defendant's motion to withdraw his knowing and voluntary guilty plea to charges of possession with intent to deliver five or more grams of cocaine. Despite defendant's argument that no factual basis for his plea exists because the state essentially combined smaller amounts of crack cocaine he was alleged to have sold on separate occasions into one larger amount to satisfy the requirements of the charge he pleaded guilty to, the plain language of the relevant statute "precisely" allows for that under certain circumstances. There is also no support for defendant's claim that he is at least entitled to an evidentiary hearing. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Grogan, Filed On: May 1, 2024, Case #: 2022AP002196, Categories: drug Offender, Plea
Per curiam, the circuit finds that the district court improperly sentenced defendant based on his guilty plea to possessing and conspiring to distribute cocaine, with an admission to participating in a murder to further the conspiracy. The prosecution challenged the time-served sentence as substantively unreasonable, and while the court cited defendant's success in turning his life around, the record did not fully explain the reasoning behind the below-guidelines term. Thus, remand for clarification is necessary.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1707-cr, Categories: drug Offender, Sentencing
J. Thacker finds the lower court properly convicted the defendant of two counts of murder with a firearm during the commission of a drug trafficking crime and one count of killing a witness to prevent communication with law enforcement. The defendant robbed a fellow drug dealer before killing her and her 7-year-old son, whom he feared would testify. The defendant contends his rights were violated when investigators used a cell site simulator to obtain his location. The combination of his number being the last the deceased dialed and him being the last to see her, according to her family, is enough probable cause to believe that the location information sought is evidence of, or will lead to evidence of, the misdemeanor or felony being investigated. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: April 30, 2024, Case #: 23-4013, Categories: drug Offender, Evidence, Murder
J. Rushing finds the lower properly increased the mandatory minimum sentence for numerous federal drug and firearm offenses. The defendant argued that the judicial factfinding the judge participated in violated his Sixth Amendment right to a jury trial. The judge could find out the defendant had a prior conviction without a jury necessary. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: April 30, 2024, Case #: 21-4299, Categories: drug Offender, Fair Trial, Judiciary
J. Ransom finds that the lower court properly convicted defendant on drug charges. The court was not required to appoint counsel to represent defendant at his initial appearance or bail hearing, because these are not critical stages of the prosecution. Further, defendant's claim regarding the denial of defendant's motion to suppress evidence because detectives lacked jurisdiction to arrange drug buys outside city limits is not preserved for judicial review. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100170, Categories: drug Offender, Ineffective Assistance, Due Process
J. Lagoa finds that the district court properly convicted defendant of possession with intent to distribute 500 grams or more of cocaine and a related conspiracy offense. Sufficient evidence was presented to support defendant's convictions. The district court correctly sentenced defendant to 60 months in prison, correctly instructed the jury on deliberate ignorance and properly denied defendant's motion to suppress evidence of cocaine taken from his vehicle by an FBI informant without a warrant. The automobile exception to the Fourth Amendment's warrant requirement applied in this instance. There was a reasonable probability that the informant would find the cocaine where the co-defendant told him to look in the passenger seat of defendant's car. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 30, 2024, Case #: 22-12988, Categories: drug Offender, Search
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for distribution of meth and fentanyl. A confidential informant purchased drugs from defendant on three occasions and all evidence supports the convictions. Defendant was sentenced, cumulatively, to up to 14 years in prison. Though she says the sentences are excessive, all factors were properly considered and the appeal waiver provision bars defendant from appealing her sentence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-910, Categories: drug Offender, Sentencing, Plea
J. St. Eve finds that the lower court properly denied defendant's motion for post-conviction relief alleging ineffective assistance of counsel based on the fact that his second hired attorney also presided over his preliminary hearing in this same case. Defendant presents no specific evidence that his counsel's performance was in any way deficient despite this conflict of interest that went unremarked. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 22-3086, Categories: drug Offender, Ineffective Assistance
J. Welbaum finds legislation to legalize recreational marijuana and allow individuals to cultivate marijuana plants at their homes did not de-criminalize conduct that occurred before it was put into effect and, in any case, defendant's conviction for possession of several plants was based on plants visible from the outside of his home, conduct still prohibited under the new laws. Meanwhile, defendant's consent to allow police to search his home negates any claim for ineffective assistance of counsel because a motion to suppress the results of the search would have been unsuccessful. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: April 26, 2024, Case #: 2024-Ohio-1609, Categories: drug Offender, Ineffective Assistance, Search
J. St. Eve finds that the lower court properly convicted defendant on drug charges and of being a felon in possession of a firearm after searching a stolen car and finding his belongings inside. Defendant has no evidence to support his claim he did not know the rental car was stolen, especially as the license plates had been switched out. Further, he had no expectation of privacy in the safes located in the stolen car. Even if he did, the automobile exception to the warrant requirement applies as officers had ample reason to believe the car held contraband. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 25, 2024, Case #: 23-1364, Categories: drug Offender, Search
J. Cannataro finds that defendant was properly convicted of drug possession based on a legally sufficient chain of custody for cocaine seized during a traffic stop. Defendant raises evidentiary questions due to the fact that a night passed between between the seizure of the drug and the cocaine being formerly logged, but the evidence remained under police control in sealed envelopes. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 25, 2024, Case #: 33, Categories: drug Offender, Evidence