United States First Circuit

In a prosecution of defendant for conspiring to distribute and possessing with the intent to distribute cocaine and marijuana, district court's denial of a motion to suppress is affirmed where: 1) the test is not whether the individual actually lived in the apartment but whether she apparently had sufficient authority to consent to its search; 2) there was probable cause to arrest defendant; 3) there was sufficient evidence to support the search warrant of his vehicle; 4) district court clearly did not err by crediting a witness' testimony over defendant's; and 5) the district court did not err in imposing a two-level sentencing enhancement for obstruction of justice after finding defendant committed perjury at the suppression hearing.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

• LYNCH, Chief Judge., Before Lynch, Chief Judge, Boudin and Lipez, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Susan E. Taylor for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Peter F. Neronha, United States Attorney, and Sandra R. Herbert, Assistant United States Attorney, were on brief, for appellee.