United States Tenth Circuit

A court may, when determining a defendant's offense level, still consider drugs and weapons that the Government could not have used at trial under the exclusionary rule because they were the product of an unconstitutional search and seizure.

Appellate Information

• Decided 01/10/2001
• Published 01/11/2001

Judges

• EBEL, Circuit Judge., Before EBEL and BRISCOE, Circuit Judges, and H. DALE COOK, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Marilyn M. Trubey, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with her on the brief), Topeka, KS, for Defendant-Appellant., Nancy Landis Caplinger, Assistant United States Attorney (Jackie N. Williams, United States Attorney, with her on the brief), Topeka, KS, for Plaintiff-Appellee.