United States Eighth Circuit

In a prosecution for possession of powder cocaine with intent to manufacture cocaine base, denial of defendant's motion to suppress evidence and the resultant sentence are affirmed where: 1) materials found in trashbags outside defendant's residence, including cocaine residue, Brillo pads, a film canister, and documents bearing defendant's name and address, sufficiently established probable cause for issuance of a warrant to search defendant's residence; and 2) even if the warrant was unsupported by probable cause, the evidence would still be admissible under the Leon good faith exception; and 3) the district court followed proper procedures in calculating the base offense level and considering the relevant section 18 U.S.C. section 3553(a) factors.

Appellate Information

• Decided 05/21/2008
• Published 05/21/2008

Judges

• MELLOY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark C. Meyer, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Patrick J. Reinert, argued, Daniel C. Tvedt, AUSA, on the brief, Cedar Rapids, IA, for appellee.