United States Seventh Circuit

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US v. Hollingsworth, 06-3198

Grant of a motion to suppress in a drug prosecution is reversed where the government had a compelling interest in interviewing defendant's child at school, and the school officials' intrusion on defendant's interest in maintaining a relationship with her child free from state interference was minimal. Conviction and sentence of another defendant are affirmed over defendant's arguments that the district court erred: 1) by denying his motion to suppress and applying the good faith exception to the exclusionary rule; 2) allowing the government to read portions of his testimony at the suppression hearing, even though he exercised his Fifth Amendment right not to testify at trial; and 3) increasing his maximum sentence based on facts not proved to a jury beyond a reasonable doubt.

Appellate Information

  • Argued 06/08/2007
  • Decided 07/31/2007
  • Published 07/31/2007

Judges

  • FLAUM, Circuit Judge., Before POSNER, FLAUM, and MANION, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Cynthia J. Ridgeway (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Juval O. Scott (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellee., David A. Campbell (argued), Elizabeth M. Bradshaw, LeBoeuf, Lamb, Greene & MacRae, Chicago, IL, for Defendant-Appellant.
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