United States Third Circuit

Conviction and sentence for drug crimes and firearms possession is affirmed where: 1) the district court did not err by imposing a consecutive five-year sentence as the prefatory clause of the Armed Career Criminal Act refers only to alternative minimum sentences for violations of the Act; and 2) the court did not err in denying defendant's motion to suppress physical evidence found on his person as there was probable cause that the house in question was being used for a criminal enterprise, and thus the search of all persons present inside the house was justified.

Appellate Information

• Argued 03/03/2009
• Decided 07/28/2009
• Published 07/28/2009

Judges

• Before:  SCIRICA, Chief Judge, SLOVITER and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jennifer A.L. Battle [Argued], Joseph Anclien, Elizabeth K. Ainslie, Philadelphia, PA, Attorneys for Appellant.


• For Appellees:
  
• Mark S. Miller [Argued], Elizabeth F. Abrams, Office of United States Attorney, Philadelphia, PA, Attorneys for Appellee.