United States DC Circuit

Defendant's conviction for possession with intent to distribute 500 grams or more of cocaine is affirmed where: 1) upon stopping defendant, the officers had probable cause to search his car because, as he conceded, a package containing cocaine was in plain view on the passenger's seat; and 2) defendant failed to show he was prejudiced by the government’s late disclosure during trial that it could not locate a traffic ticket allegedly written when defendant was stopped for running a stop sign. However, the court reversed in part where the district court needed to consider defendant's policy objection to the career offender provision of the U.S. Sentencing Guidelines, section 4B1.1, in view of Kimbrough v. United States, 552 U.S. 85 (2007), which was decided after appellant’s sentencing.

Appellate Information

• Decided 10/26/2010
• Published 10/26/2010

Judges

• Judith Rogers

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard K. Gilbert, Suzanne G. Curt