United States Eighth Circuit

A conviction and sentence for possession with intent to distribute cocaine base is affirmed over claims that the district court: 1) erred in denying a motion to suppress evidence obtained under a search warrant because it was stale and void under Minnesota law; 2) misapprehended its authority to impose a sentence below the statutory minimum; and 3) failed to consider the applicable statutory sentencing factors.

Appellate Information

• Decided 08/05/2008
• Published 08/05/2008

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jordan S. Kushner, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Andrew Robert Winter, argued, AUSA, Minneapolis, MN, for appellee.