U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

US v. Smith, No. 08-3816

Defendant's drug distribution conviction and sentence are affirmed where: 1) police established probable cause to issue a warrant to search defendant's residence for evidence of drug trafficking; and 2) defendant's sentence enhancement did not violate the Double Jeopardy Clause because increased punishment imposed by a recidivism statute is a stiffened penalty for the latest crime, not an increased punishment for the earlier crime.

Read US v. Smith, No. 08-3816

Appellate Information

Submitted: June 9, 2009

Filed: September 15, 2009


Opinion by Judge Loken