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Monday, September 15, 2008

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

In US v. Jennings (ND Ind., Chief Judge Miller), an 11-page opinion, Judge Sykes writes:

Moments before heavily armed police began to execute a nighttime search warrant at an apartment in South Bend, Indiana, Keith Jennings drove his car into a parking spot next to the targeted apartment. This area was inside the security perimeter that police had established for the search, so two officers boxed him in with their cars and approached with guns drawn. In plain view through Jennings’s window, the officers saw a plastic bag containing what turned out to be 13 grams of crack cocaine.

Jennings was charged with possessing the crack with intent to distribute, see 21 U.S.C. § 841(a)(1), and he moved to suppress the drugs on the ground that he was detained without reasonable suspicion. The district court denied that motion, and a jury found him guilty. The court sentenced him to 360 months after concluding that two of his prior convictions—one for a drug-trafficking crime and the other for resisting a law enforcement officer—qualified him as a career offender. See U.S.S.G. § 4B1.1(a). On appeal Jennings challenges the suppression ruling and his sentence. We affirm.

Posted by Marcia Oddi on September 15, 2008 02:56 PM
Posted to Ind. (7th Cir.) Decisions