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Friday, December 28, 2007

Ind. Decisions - 7th Circuit issues one Indiana decision today

In U.S. v. Fernando Figueroa-Espana (SD Ind., Judge Hamilton), a 15-page opinion, Judge Bauer writes:

After the district court denied his motion to suppress evidence, Fernando Figueroa- Espana pleaded guilty to one count of possession with intent to distribute five kilograms of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(ii). He reserved the right to appeal the district court’s denial of his motion to suppress and his sentence. For the following reasons, we affirm. * * *

Figueroa-Espana argues that the district court (1) erred in denying his motion to suppress evidence uncovered after an unconstitutional search; and (2) improperly considered the fact that he made a motion to suppress in calculating his sentence. We address these issues in turn.

Posted by Marcia Oddi on December 28, 2007 11:10 AM
Posted to Ind. (7th Cir.) Decisions