United States v. Thurman, No. 17-1598 (7th Cir. 2018)
Annotate this CasePolice executed a search warrant at Thurman’s residence after a cooperating informant purchased heroin inside. They discovered drug paraphernalia, two handguns, and a large amount of money. Thurman was charged with maintaining a drug‐involved premises, 21 U.S.C. 856(a)(1); distributing 100 grams or more of heroin, 21 U.S.C. 841(a)(1); and possessing a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c)(1)(A). Thurman unsuccessfully moved to exclude self‐incriminating statements that he made following his arrest and to exclude evidence obtained from a search of his cell phone. A jury convicted Thurman on the distribution charge but acquitted him on the other charges. The Seventh Circuit affirmed, rejecting Thurman’s claims that he did not voluntarily waive his Miranda rights or consent to the search of his cell phone and his challenge to the court’s sentencing findings that he was responsible for at least 700 grams of heroin and that he possessed a dangerous weapon. The court did not clearly err in crediting the officers’ testimony that Thurman consented to their questioning and to the search of his phone. The court made proper findings when applying the Sentencing Guidelines. Sentencing courts can consider conduct underlying an acquitted charge so long as that conduct is proven by a preponderance of the evidence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.