United States Seventh Circuit
US v. Burnside, 08-4135
Defendant's conviction for possession of a controlled substance while on parole for a cocaine distribution conviction is affirmed where: 1) district court did not err in denying defendant's motion to suppress as there was probable cause to arrest him for possession of a controlled substance, and as such, the subsequent seizure of crack cocaine from his pants was lawful; 2) district court's denial of a motion to suppress evidence recovered from the search was proper as the issuing state court judge had a substantial and legally sufficient basis for concluding that probable cause existed to issue the warrant; and 3) the district court did not violate Rule 11(c)(1) during the plea colloquy.
Appellate Information
- Decided 12/04/2009
- Published 12/04/2009
Judges
- KANNE, Circuit Judge., Before EASTERBROOK, Chief Judge, and KANNE and SYKES, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Thomas A. Keith, Attorney, Office of the United Staes Attorney, Peoria, IL, Linda L. Mullen, Attorney (argued), Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee., Bruce Cowan, Attorney, Morton Grove, IL, James P. Hanlon, Attorney, Ryan M. Hurley, Attorney (argued), Baker & Daniels, Indianapolis, IN, Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, A. Brian Threlkeld, Attorney, Office of the Federal Public Defender, Urbana, IL, for Defendant-Appellant.