United States v. Sturgis, No. 09-1574 (8th Cir. 2011)
Annotate this CaseIn 2004, defendant was convicted of federal crack-cocaine distribution offenses and the court affirmed the conviction, along with the district court's decision not to suppress the evidence found in defendant's car, but twice remanded for resentencing in light of intervening Supreme Court decisions. In February 2010, the court finally affirmed defendant's sentence. The Supreme Court subsequently granted defendant's petition for writ of certiorari, vacated the court's judgement, and remanded for reconsideration of the legality of the search of the car in light of another intervening Supreme Court decision, Arizona v. Gant. The court held that, while the Gant decision called into question the court's earlier holding that the preliminary search of defendant's car was valid as a search incident to arrest, the terms of the search warrant permitted the two searches of defendant's car. Therefore, the court affirmed the district court's denial of defendant's motion to suppress.
Court Description: Criminal case - criminal law. For the court's initial opinion in the matter, see U.S. v. Sturgis, 366 F. App'x 713 (8th Cir. 2010). On remand from the Supreme Court for further consideration in light of Arizona v. Gant, 129 S. Ct. 1710 (2010). See Sturgis v. U.S., 131 S. Ct. 1468 (2011) (mem.). While the Gant decision calls into question the court's earlier holding that the preliminary search of Sturgis's car was valid as a search incident to arrest, the terms of the search warrant permitted the two searches of the Sturgis's car, and the district court's order denying Sturgis's motion to suppress is affirmed.
This opinion or order relates to an opinion or order originally issued on February 23, 2010.
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