Showing posts with label drug quantity. Show all posts
Showing posts with label drug quantity. Show all posts

Thursday, November 01, 2007

government had not shown that the officers had a reasonable suspicion that the passenger was armed

US v. Wilson, No. 06-6339
In a case involving the constitutionality of a pat-down search of a car passenger that resulted in the discovery of over one pound of powder cocaine, grant of a motion to suppress evidence in the prosecution for drug-related offenses is affirmed where the district court did not err in finding that the government had not shown that the officers had a reasonable suspicion that the passenger was armed and dangerous before conducting the pat-down search

Wednesday, June 06, 2007

court impermissibly and prejudicially participated in plea negotiations with defendant

US v. Baker, No. 06-3115
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.

Tuesday, May 22, 2007

district court failed to give an adequate explanation of its reasons

US v. Sindima, No. 06-2245
Conviction and sentence to probation based on guilty plea to federal mail fraud charges, with probation later being violated by new crimes resulting in a prison sentence 26 months above the high end of the advisory Guidelines range, are remanded where the district court failed to give an adequate explanation of its reasons for the length of the sentence.

Saturday, March 03, 2007

Wrong drug quantity

US v. Sells, No. 04-7061, 04-7072 (10th Cir. March 01, 2007)
Defendants' convictions and sentences for drug- and firearm- related offenses arising from their participation in a methamphetamine manufacturing and distribution operation are affirmed as to one defendant, but other defendant's sentence is reversed and remanded where: 1)the district court committed Booker error which was not harmless; and 2) a determination as to the drug-quantity attributable to defendant was insufficiently particularized.
http://laws.lp.findlaw.com/10th/047061.html