United States Sixth Circuit

In prosecutions for conspiracy with the intent to distribute cocaine, denial of defendants' motion to suppress evidence and one defendant's conviction are affirmed where: 1) reasonable suspicion existed for the defendants' detention; 2) a canine was sufficiently reliable to establish probable cause to search the van; 3) police had probable cause to arrest two defendants; and 4) the evidence was sufficient to prove the convictions. The matter is remanded where the district court's ruling on another defendant's Batson challenge was based on incomplete information.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• Before:  MERRITT, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael L. Monta, Monta & Monta, Dayton, Ohio, Andrew P. Avellano, Columbus, Ohio, Michael J. Brennan, Manhattan Beach, California, Mark Joseph Wettle, Law Office, Louisville, Kentucky, for Appellants.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Michael L. Monta, Monta & Monta, Dayton, Ohio, Andrew P. Avellano, Columbus, Ohio, Michael J. Brennan, Manhattan Beach, California, Mark Joseph Wettle, Law Office, Louisville, Kentucky, for Appellants.  J. Richard Chema, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.