United States Sixth Circuit

A conviction and sentence for possessing with intent to distribute cocaine is affirmed where: 1) defendant forfeited a claim of erroneous denial of a motion to suppress, and, in any event, the claim was meritless; 2) defendant's due process rights were not violated by an officer's failure to preserve a videotape; and 3) because the district court committed "clear error" in its disregard of a criminal history point, it acted well within its authority to issue a corrected sentence under Fed. R. Crim. P. 35(a).

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• Before:  SUHRHEINRICH, CLAY, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  J. Cam Barker, United States Department of Justice, Washington, DC, for Appellee.   ON BRIEF:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  J. Cam Barker, United States Department of Justice, Washington, DC, Terry M. Cushing, Amy M. Sullivan, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.