United States Tenth Circuit
US v. Jarvi, 07-3200
Denial of a motion to suppress evidence in a prosecution for possessing, with intent to distribute, methamphetamine is affirmed where, for purposes of the "fruit of the poisonous tree" doctrine, defendant failed to demonstrate a "factual nexus" between a violation of his own Fourth Amendment rights in a search of his truck, and the discovery of the challenged drugs found in his house. His sentence is vacated and remanded where his right to allocution was violated.
Appellate Information
- Decided 08/21/2008
- Published 08/22/2008
Judges
- McCONNELL, Circuit Judge., Before HENRY, Chief Circuit Judge, BRORBY and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Brent I. Anderson, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the briefs), Wichita, KS, for Plaintiff-Appellee., Stephen W. Kessler, Topeka, KS, for Defendant-Appellant.