United States Sixth Circuit

Defendant, convicted of possessing cocaine with intent to distribute, unsuccessfully appeals the denial of his suppression motion and his sentence. The Fourth Amendment did not require officers to obtain separate permission to search the gas tank; enhancement under U.S.S.G. section 3C1.1, based on his failure to appear at his arraignment, did not violate the extradition treaty with the Dominican Republic.

Appellate Information

• Decided 02/20/2004
• Published 02/20/2004

Judges

• Before:  KENNEDY, MARTIN, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Thomas A. Colthurst (argued and briefed), Asst. U.S. Attorney, Memphis, TN, for Plaintiff-Appellee., Stephen B. Shankman (briefed), Federal Public Defender, Doris A. Randle-Holt, (briefed), Needum L. Germany (argued), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant.