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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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