United States v. Goncalve, No. 10-1367 (1st Cir. 2011)
Annotate this CaseAfter receiving information from an informant, conducting a controlled drug buy, and surveillance of the defendant, officers obtained warrants to search a house, an apartment, and the defendant's person. The defendant spotted the surveillance and led police on a high-speed chase before leaving the car in his mother's driveway and running. He was apprehended with $1,081 on his person. Police found a loaded gun and cocaine in the car, cocaine and needles in the house, and cocaine, a scale, and chemicals in the apartment. The defendant was convicted of possession of cocaine with intent to distribute, being a felon in possession of a firearm, and gun possession in furtherance of a drug crime. The First Circuit affirmed, finding the evidence sufficient to support the jury verdict. The trial court properly refused to suppress the gun; there was probable cause for a search of every part of the car, despite it being unoccupied and parked on a private driveway. The court affirmed the 25-year sentence, imposed months before the effective date of the 2010 Fair Sentencing Act, which reduced the sentence for certain drug crimes. The Act does not apply retroactively.
The court issued a subsequent related opinion or order on May 9, 2011.
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