United States Fourth Circuit

In a prosecution for offenses related to spouses' conduct of growing marijuana at their home in a rural area of West Virginia, the convictions and sentences are affirmed, where: 1) the district court did not err in denying the defendants' motion to suppress, as an affidavit provided a sufficient basis to establish probable cause for issuance of a thermal-imaging search warrant; 2) the district court did not err in granting the government's motion in limine to exclude evidence that the husband used marijuana to improve symptoms related to his medical illnesses; and 3) the district court did not clearly err in determining that the defendants did not truthfully disclose all relevant information as required for application of the safety valve provision to reduce their sentences.

Appellate Information

• Decided 03/08/2012
• Published 03/08/2012

Judges

• Barbara Milano Keenan

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Brian Joseph Kornbrath, Shawn Angus Morgan