US v. Smith, No. 08-3816
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
Submitted: June 9, 2009
Filed: September 15, 2009
Judges
Opinion by Judge Loken