United States Sixth Circuit

A conviction for conspiring to possess with intent to distribute marijuana is affirmed over claims that: 1) the district court erred in denying a motion to suppress evidence found on defendant's person and in the vehicle in which he was riding; 2) the district court erred in denying a motion to suppress evidence discovered during a search of his residence; and 3) a prior Sixth Circuit panel erred in upholding the timeliness of the fourth superseding indictment issued against him. However, the sentence is vacated and remanded due to a Booker violation.

Appellate Information

• Decided 08/08/2007
• Published 08/08/2007

Judges

• Before:  BATCHELDER and MOORE, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David C. Thomas, Chicago-Kent College of Law, Chicago, Illinois, for Appellant.  Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee.   ON BRIEF:  David C. Thomas, Chicago-Kent College of Law, Chicago, Illinois, for Appellant.  Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee.