United States v. Garcia, No. 12-1805 (7th Cir. 2012)
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Defendant gave an informer for the federal Drug Enforcement Administration $477,020 for 32 kilograms of what he thought was cocaine. After arresting him officers searched his apartment, with assistance and written consent from his 18-year-old niece, and found 13 kilograms of real cocaine. Defendant's niece had access to the apartment to assist defendant with child care.No charges were based on the real cocaine. He pled guilty to attempting to possess cocaine and intending to distribute it and was sentenced to 120 months in prison. His plea agreement provided that he could challenge the search, based on an apparent belief that he might be acquitted of attempted possession if the real cocaine were kept out of the case. The judge denied the motion. The Seventh Circuit affirmed. The police had a reasonable belief that the niece was authorized to consent to the search.
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