United States v. Merrett, No. 20-1368 (8th Cir. 2021)
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The Eighth Circuit affirmed Defendants Merrett and Frencher's convictions and sentences for crimes related to their membership in a drug trafficking organization.
The court affirmed the district court's denial of defendant's motion to suppress evidence obtained from a wiretap, concluding that the wiretap authorization was valid where the government established necessity and probable cause that the phone was connected to criminal activity; there was reasonable suspicion to stop the vehicle in which Frencher was riding because the police had reasonable grounds to believe, based on the wiretap, that he was on his way to commit burglary; the search was not unreasonably extended; and the police had probable cause to search the vehicle based on the smell of marijuana emanating from the vehicle.
The court concluded that Frencher and Merrett's sentences were not substantively unreasonable where the district court did not clearly err in weighing the 18 U.S.C. 3553(a) factors. Furthermore, the district court considered Merrett's mitigation arguments and his sentence was not extremely disparate from Frencher's sentence.
Court Description: [Smith, Author, with Shepherd and Grasz, Circuit Judges] Criminal case - Criminal law and sentencing. The wiretap authorization was valid as the government established necessity and probable cause that the phone was connected to crime; there was reasonable suspicion to stop the SUV in which defendant Frencher was riding as the police had reasonable grounds to believe, based on the wiretap, that he was on his way to commit burglary; the search was not unreasonably extended; the police had probable cause to search the vehicle based on the smell of marijuana emanating from the vehicle; defendant Frencher's sentence was not substantively unreasonable as the district court did not commit a clear error of judgment in weighing the 3553(a) factors; defendant Merrett's sentence was also substantively reasonable as the district court carefully weighed the 3553(a) factors, including Merrett's mitigation arguments; Merrett's sentence was not extremely disparate to Frencher's.
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