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United States Sixth Circuit


US v. Smith, 07-5377

Denial of a motion to suppress evidence underlying a guilty plea to possession with intent to distribute cocaine base, as well as the resultant sentence, are affirmed where: 1) police officers had probable cause to arrest defendant and search him incident to the arrest; and 2) defendant was a career offender under the Sentencing Guidelines.

Appellate Information

  • Decided 12/02/2008
  • Published 12/02/2008

Judges

  • Before: BOGGS, Chief Judge;  and MERRITT and GRIFFIN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Wende C. Cross, W.C. Cross & Associates, Cincinnati, Ohio, for Appellant.  James E. Arehart, Assistant United States Attorney, Lexington, Kentucky, for Appellee.   ON BRIEF:  Wende C. Cross, W.C. Cross & Associates, Cincinnati, Ohio, for Appellant.  Charles P. Wisdom, Jr., Andrew Sparks, Assistant United States Attorneys, Lexington, Kentucky, for Appellee.
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