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Tuesday, July 31, 2007

Ind. Decisions - 7th Circuit issues one today

In USA v. Hollingsworth (SD Ind., Judge Hamilton), a 19-page opinion, Judge Flaum writes:

Hollingsworth and McCotry moved to suppress the evidence uncovered during the search, and the district court granted Hollingsworth’s and denied McCotry’s motion. McCotry went to trial, and a jury convicted him on two counts of possession of crack cocaine, lesser offenses included in Counts One and Two, and possession with intent to distribute marijuana, Count Three. The district court imposed a 188-month sentence on the lesser offenses included in Counts One and Two and a concurrent 120-month sentence on Count Three.

The government appeals the district court’s ruling on Hollingsworth’s motion to suppress, and McCotry appeals his conviction and sentence. For the following reasons, we reverse the district court’s ruling on Hollingsworth’s motion to suppress and affirm McCotry’s conviction and sentence. * * *

For the foregoing reasons, the Court REVERSES the district court’s ruling on Hollingsworth’s motion to suppress and AFFIRMS McCotry’s conviction and sentence.

Posted by Marcia Oddi on July 31, 2007 07:09 PM
Posted to Ind. (7th Cir.) Decisions