Man’s 10-year cocaine sentence upheld by 7th Circuit

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The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.

Tyler Sanders pleaded guilty to possessing more than 50 grams of cocaine base with the intent to distribute. At sentencing, the District judge found he possessed more than 500 grams of cocaine or cocaine base and sentenced him to 120 months. Most of that cocaine considered in sentencing was based on drugs seized from his house. There was a warrant, but the judge invalidated it and ruled the evidence seized from the house could not be used against him at trial because some information was recklessly omitted.

Sanders argued in United States of America v. Tyler Sanders, 13-1301, that the judge should have prohibited use of that evidence at sentencing, too. But the 7th Circuit disagreed, pointing to its decision in United States v. Brimah, 214 F.3d 854 (7th Circ. 2000), in which the court held the exclusionary rule does not apply at criminal sentencing.

Sanders keyed in on a footnote in that ruling that remarked the appeal did not present the question whether an “egregious” violation of the Fourth Amendment might justify suppressing at sentencing. Judge Frank Easterbrook wrote that for Sanders to succeed on appeal, he must persuade the court to create an “egregious violation” exception to the doctrine that the exclusionary rule does not apply to sentencing.

Easterbrook then laid out the reasons why that won’t work, including that the Supreme Court has held that the exclusionary rule does not apply to evidence obtained by officers who reasonably rely on a warrant or make certain kinds of negligent errors, Easterbrook wrote.

He also pointed out that an “egregious violation” exception is not necessary to deter officers from violating the Fourth Amendment – and deterrence is the goal of the exclusionary rule.

“The district judge did not err in following §3661 and considering the evidence found during the search of Sanders’s home,” he wrote.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues