United States v. McKenzie, No. 18-1018 (2d Cir. 2021)
Annotate this CaseThe Second Circuit affirmed defendant's conviction and sentence for knowingly and intentionally possessing with intent to distribute controlled substances in violation of 21 U.S.C. 841(a)(1). The court held that the district court did not err in denying defendant's motion to suppress where the warrantless dog sniff was not a search within the meaning of the Fourth Amendment. The court also held that there was sufficient evidence to establish defendant's knowing possession of the cocaine, and the district court was not required to hold an evidentiary hearing to address his claim that police investigators knowingly misled a New York court in an application for a search warrant. Furthermore, the district court did not err in calculating defendant's Guidelines Sentencing Range. The court considered defendant's remaining arguments and found them to be without merit.
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