United States Eighth Circuit

Defendant's drug distribution conviction and sentence are affirmed where: 1) police established probable cause to issue a warrant to search defendant's residence for evidence of drug trafficking; and 2) defendant's sentence enhancement did not violate the Double Jeopardy Clause because increased punishment imposed by a recidivism statute is a stiffened penalty for the latest crime, not an increased punishment for the earlier crime.

Appellate Information

• Decided 09/15/2009
• Published 09/15/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Charles Brink, I, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Thomas More Hollenhorst, AUSA, argued, Minneapolis, MN, for appellee.