United States Seventh Circuit
US v. Simms, 10-1055
Conviction of defendant for gun and drug related offenses, and sentence to 270-months' imprisonment, plus 30 months for having violated supervised release are affirmed in part where: 1) a garbage search was lawful as it was authorized by an appearance of consent to collect the garbage from the fenced yard under winter rules with the gate open; 2) the search of defendant's car that yielded the gun that provided the basis for his mandatory 15-year sentence as an armed career criminal was permissible; but 3) defendant's sentences must be corrected to make the sentence for violation of supervised release run concurrently with the other sentences, and the judge should determine whether he wants to resentence the defendant to a sentence within the applicable guideline range.
Appellate Information
- Argued 09/13/2010
- Decided 11/23/2010
- Published 11/23/2010
Judges
Court
- United States Seventh Circuit