Crack Distribution Sentence Affirmed, and Other Criminal Matter
In US v. Castellanos, No. 09-1456, a prosecution for conspiracy to distribute 500 grams or more of methamphetamine, the Eighth Circuit affirmed the denial of defendant's motion to suppress, holding that 1) the government did not raise a new "issue" on remand when it argued the evidence was admissible under the independent source doctrine, but merely formulated a new argument in support of the position maintained by the government in each proceeding; and 2) the district court did not err in relying upon the independent source doctrine when denying defendant's supplemental motion to suppress.
In US v. Garcia, No. 09-1662, the court of appeals affirmed defendant's sentence for distribution of cocaine, holding that defendant was sentenced prior to Booker when the district court's authority to sentence a defendant below the Guidelines range was limited to departures set forth in U.S.S.G. Chapter 5K, and the Supreme Court declined in Dillon to extend Booker's reach to resentencings authorized by 18 U.S.C. section 3582(c)(2).
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