United States Eighth Circuit

A conviction and sentence for conspiring to possess with the intent to distribute marijuana and being a felon in possession is affirmed in part, and vacated in part and remanded, where: 1) assuming without deciding that a search warrant affidavit failed to provide a sufficient nexus between defendant's residence and the drug conspiracy at issue, the Leon good-faith exception saved the evidence from suppression under the facts of the case; but 2) the district court erred in suspending a portion of defendant's sentence in the absence of any statutory authority to do so.

Appellate Information

• Decided 06/07/2007
• Published 06/07/2007

Judges

• WOLLMAN, Circuit Judge., Before O'CONNOR, Associate Justice (Ret.),WOLLMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Counsel who presented argument on behalf of the appellant/cross-appellee was Kevin T. Alexander, Assistant U.S. Attorney, Little Rock, Arkansas. Also appearing on the brief were Bud Cummins and Todd L. Newton., Counsel who presented argument on behalf of the appellee/cross-appellant was J. Blake Hendrix of Little Rock, Arkansas.