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Monday, February 17, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today

In UNITED STATES OF AMERICA v. TYLER SANDERS (SD Ind., McKinney), a 7-page opinion, Judge Easterbrook writes:

Tyler Sanders pleaded guilty to possessing more than 50 grams of cocaine base with intent to distribute. At sentencing, the district judge found that he possessed more than 500 grams of cocaine or cocaine base and calculated an offense level of 26, producing a recom-­‐‑ mended range of 110 to 137 months’ imprisonment. The judge sentenced Sanders to 120 months. Most of the cocaine that was included as relevant conduct for the purpose of cal-­‐‑ culating the offense level had been seized from Sanders’s home, which the police searched with a warrant following his arrest. The district judge concluded that the warrant was invalid and ruled that the evidence seized from Sanders’s home could not be used against him at trial. 710 F. Supp. 2d 821 (S.D. Ind. 2010). Sanders contends that the judge should have prohibited use of that evidence at sentencing too. * * *

The exclusionary rule does not apply at sentencing. An “egregious violation” exception is not necessary to deter violations, as long as damages are available. The district judge did not err in following §3661 and considering the evidence found during the search of Sanders’s home. The judgment therefore is AFFIRMED.

Posted by Marcia Oddi on February 17, 2014 03:04 PM
Posted to Ind. (7th Cir.) Decisions