United States Eighth Circuit

Denial of a motion to suppress evidence in a prosecution for possession with intent to distribute cocaine base is affirmed where defendant did not have a legitimate expectation of privacy in the area under the seat of a car, and his consent was sufficient to purge the taint of any alleged Fourth Amendment violation. His sentence is affirmed over a reasonableness challenge.

Appellate Information

• Decided 03/27/2006
• Published 03/27/2006

Judges

• BOGUE, District Judge., Before SMITH and HANSEN, Circuit Judges, and BOGUE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer L. Gilg, argued, Federal Public Defender's Office, Omaha, Nebraska (David R. Stickman and Shannon P. O'Connor, on the brief), for appellant.


• For Appellees:
  
• Bruce W. Gillan, argued, Assistant U.S. Attorney, Omaha, Nebraska ( Michael G. Heavican, on the brief), for appellee.