United States v. Taylor, No. 10-3762 (6th Cir. 2012)
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After months of surveillance, police searched curbside trash and found marijuana paraphernalia, an empty ammunition box, and mail addressed to people including defendant. Executing a warrant, they found numerous firearms. After indictment of defendant and 28 others, police obtained arrest warrants and drove to the house. A woman who was an arrest target answered the door. Within one minute of the officer's entry, defendant appeared at the top of the steps and followed orders to come down and submit to arrest. Officers conducted a protective sweep of places in the house that were large enough to hold a person and discovered a handgun and bag of marijuana on a dresser, a semiautomatic machine gun in a closet , and based on statements of a resident, a gun under a couch cushion. After obtaining a warrant for the house, police found more drugs and drug paraphernalia. Defendant entered a conditional guilty plea for conspiracy to distribute 1000 kilograms or more of marijuana, 21 U.S.C. 841(a)(1), 841(b)(1)(A)(vii), and 846, and possessing a firearm in furtherance of drug trafficking, 18 U.S.C. 924(c)(1)(A). The Sixth Circuit affirmed, holding that the evidence was found as part of a lawful protective sweep, but vacated the sentence.
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