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Friday, March 13, 2015

Ind. Decisions - 7th Circuit decides one Indiana case today, vacated in part

In USA v. Booker Sewell (ND Ind., Springmann), a 24-page opinion, Judge Kanne writes:

Following a thirteen-month investigation of a drug-trafficking network that stretched from Mexico to California to Indiana, the United States secured a warrant to search seven homes in Fort Wayne, Indiana. Appellant Booker T. Sewell stayed in one of those homes, located at Sawmill Woods Court. When a team of federal and local authorities arrived there, they soon discovered, among other items, 110 grams of marijuana, cutting agents for cocaine, a drug ledger, multiple scales, $19,900 in cash in the dishwasher, and a loaded revolver. The presentation of this evidence led to Sewell’s convictions and sentence, which he now appeals. Sewell raises four issues. He first argues that the search warrant was issued without probable cause. He next challenges the sufficiency of the evidence to sustain his conviction for being a felon in possession of a firearm. His remaining two challenges concern sentence enhancements applied by the district court. For the reasons expressed below, we affirm the judgment of the district court on each of the four issues raised by Sewell. In light of our recent decisions in United States v. Thompson, Nos. 14-1316, 14-1521, 14-1676, 14-1772, 2015 U.S. App. LEXIS 604 (7th Cir. Jan. 13, 2015), and United States v. Siegel, 753 F.3d 705 (7th Cir. 2014), however, we vacate Sewell’s conditions of supervised release and remand for resentencing.

Posted by Marcia Oddi on March 13, 2015 12:56 PM
Posted to Ind. (7th Cir.) Decisions