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US v. Alston, No. 10-1478

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By FindLaw Staff on December 06, 2010 5:29 PM

In US v. Alston, No. 10-1478, the court affirmed defendant's conviction and sentence for possessing with intent to distribute more than 50 grams of cocaine base, holding that 1) In the context of this case, the officer who performed the search at issue had more than a general suspicion of wrongdoing; 2) the district court did not err in excluding defendant's proffered hearsay evidence, because it was not all that probative of the officer's character for truthfulness, even if it was true that the detective lied to his superiors; and 3) defendant did not show why the district court would have altered his sentence based on the burden placed on defendant's dependents by his obligation to pay per quarter.

As the court wrote:  "A jury convicted Donnell Le-Ron Alston on each count of a two-count
indictment for (1) knowingly possessing with intent to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii); and (2) knowingly possessing with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1).  Alston appeals his convictions, arguing that the district court erred by denying a motion to suppress the fruits of a purportedly illegal investigatory stop and by limiting the scope of cross-examination  of a law enforcement officer at trial. Alston also appeals his sentences.  We affirm."

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