United States Sixth Circuit

A conviction and sentence for possessing with intent to distribute cocaine is affirmed over meritless claims that: 1) the government did not timely file notice of possible sentencing enhancement based on prior convictions; 2) the sentencing court improperly considered two prior drug felony convictions to be separate offenses even though they arose from a single criminal episode; 3) evidence seized in a consensual search which exceeded the scope of the consent should have been suppressed; 4) the government engaged in prosecutorial misconduct; and 5) the conviction was not supported by sufficient evidence that he knowingly possessed the cocaine.

Appellate Information

• Decided 01/09/2008
• Published 01/09/2008

Judges

• Before BOGGS, Chief Judge;  McKEAGUE, Circuit Judge;  COHN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Edward F. Feran, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Edward F. Feran, Antoinette T. Bacon, Assistant United States Attorneys, Cleveland, Ohio, for Appellee.