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Tag Archives: Crack Cocaine

Criminal Practice – Evidence – Crack Cocaine – Possession with Intent to Distribute (access required)

State v. Breda The state presented evidence that (1) defendant was found in an area of high drug activity, walking away from a residence known for its drug activity; (2) a search incident to defendant’s arrest for providing a false address revealed four individually wrapped rocks of crack cocaine weighing a total of 0.31 grams; (3) defendant carried no drug paraphernalia and did not appear high, and there was no evidence that he had any money in his possession; and (4) defendant made several statements denying the substance was crack cocaine and asked law enforcement why he, a white man, would be selling crack cocaine in a predominantly African-American neighborhood. The state’s evidence merely created a suspicion that defendant intended to distribute the crack cocaine in his possession.

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Criminal Practice – Sentencing – Plea Agreement – Crack Cocaine – 2007 Amendments – No Reduction (access required)

U.S. v. Brown A defendant whose Rule 11 plea agreement said his sentence for a crack cocaine offense would be between 180 and 240 months, cannot have his sentence reduced from 210 months to 180 months under the 2007 retroactive crack cocaine amendments; the 4th Circuit reverses the district court because defendant’s sentence was not “based on” a sentencing range that later was lowered; rather, it was based on his Rule 11 plea agreement.

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Criminal Practice – Search & Seizure – Unregistered Motel Guest -Sentencing – Crack Cocaine (access required)

U.S. v. Bullard Drug evidence found in a suitcase belonging to defendant, an unregistered motel guest, need not be suppressed, the 4th Circuit says, even if searching the suitcase went beyond a "protective sweep"; and the 4th Circuit joins its sister circuits and holds that the Fair Sentencing Act of 2010 does not apply retroactively to allow defendant to be resentenced on a crack cocaine offense.

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