United States Tenth Circuit

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US v. Polly, 08-6048

Defendant's crack cocaine possession conviction is affirmed where: 1) the traffic stop at issue was objectively justifiable based on the traffic violations that the officer observed; 2) the district court correctly concluded that the search was justified by the vehicle exception to the warrant requirement; and 3) because defendant did not challenge the lawfulness of his appeal waiver itself, enforcing the waiver as to his claim that the district court improperly applied the obstruction of justice sentence enhancement did not result in a miscarriage of justice.

Appellate Information

  • Decided 01/18/2011
  • Published 01/18/2011

Judges

  • David C. Ebel

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Caren I. Friedman, Leslie M. Maye