Topic
Every decision we've filed under Drug Trafficking.
The Eleventh Circuit affirmed a defendant's sentence, rejecting a challenge to the career-offender enhancement. The court held that the Sentencing Commission acted within its statutory authority by including state drug offenses in the definition of controlled substance offenses.
The Sixth Circuit affirmed the denial of a motion to suppress a firearm seized during a search warrant execution. The court held that the independent source doctrine applied because the warrant was supported by probable cause unrelated to the initial unlawful arrest.
The Eighth Circuit affirmed the denial of a motion to suppress evidence in a drug trafficking case. The court held that the traffic stop was supported by reasonable suspicion and that the subsequent dog sniff did not unconstitutionally prolong the seizure.
The Eighth Circuit affirmed the denial of a motion to dismiss an indictment against a defendant charged with possessing a firearm while an unlawful drug user. The court held that the defendant's conduct, involving gang violence and brandishing a weapon while under the influence of marijuana, fell within a historical tradition of disarming those who terrorize the public.
The Ninth Circuit affirmed a preliminary injunction blocking a federal order that lowered currency reporting thresholds for money services businesses along the southwest border. The court held the order was an unlawful rule that required notice and comment and was adopted arbitrarily without considering compliance costs.
The Eighth Circuit affirmed sentencing decisions for two defendants convicted of fentanyl and methamphetamine distribution. The court upheld an above-Guidelines sentence for Christopher Howes and rejected challenges to enhancements applied to Salvador Caracena-Zarates.
The United States Court of Appeals for the Fourth Circuit affirmed a defendant's sentence for firearm possession and witness tampering. The court held that the district court correctly calculated the base offense level and did not abuse its discretion in rejecting the defendant's arguments for a downward departure.
The United States Court of Appeals for the Fourth Circuit affirmed the conviction of Mark Leslie Lively for drug trafficking offenses. The court found no reversible error regarding the suppression of evidence or alleged prosecutorial misconduct.
The Fifth Circuit affirmed a federal sentence where the district court counted a state-expunged marijuana conviction toward the defendant's criminal history score. The court held that the expungement did not qualify for exclusion under the Sentencing Guidelines because it was not based on innocence or legal error.
The Fifth Circuit affirmed a sentence where the district court granted a substantial assistance motion but imposed a within-guidelines term. The appellate court found that while the district court erred in granting the motion without departing, the error did not affect the defendant's substantial rights.