United States Seventh Circuit

Conviction and sentence for drug crimes and firearms possession is affirmed where: 1) the district court properly denied defendant's suppression motion as the affidavit was sufficient to establish probable cause to search defendant's home, and even were it not, the officer acted in good faith when he executed the search of defendant's home in reliance on the warrant; 2) the court did not abuse its discretion in admitting evidence relating to defendant's prior firearm conviction as the evidence relating to the conviction was admissible under Fed. R. Evidence 404(b); and 3) district court properly applied the U.S.S.G. sec. 2D1.1(b)(1) enhancement for possession of a gun in connection with a drug offense.

Appellate Information

• Decided 08/13/2009
• Published 08/13/2009

Judges

• SYKES, Circuit Judge., Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Barry Rand Elden (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Brian P. Mullins (argued), Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Defendant-Appellant.