United States Third Circuit

Conviction and sentence for methamphetamine manufacturing and possession is affirmed where: 1) district court did not err in refusing to suppress evidence obtained in defendant's bedroom as consent to the search was voluntary under the totality of the circumstances; 2) district court did not err in admitting evidence obtained pursuant to the search warrant as the warrant application contained probable cause from independent sources even after excising all the evidence found in an earlier warrantless search; and 3) the plaintiff waived his right to appeal his sentence in his plea agreement.

Appellate Information

• Argued 01/31/2008
• Decided 03/03/2009
• Published 03/03/2009

Judges

• Before:  RENDELL and CHAGARES, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Candace Cain (Argued), Lisa B. Freeland, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Rebecca R. Haywood (Argued), Mary Beth Buchanan, United States Attorney's Office for the Western District of Pennsylvania, Pittsburgh, PA, for Appellee.