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US v. Polly, No. 08-6048

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By FindLaw Staff on January 20, 2011 3:23 PM

Crack Possession Conviction Affirmed

In US v. Polly, No. 08-6048, the court affirmed defendant's crack cocaine possession conviction where 1) the traffic stop at issue was objectively justifiable based on the traffic violations that the officer observed; 2) the district court correctly concluded that the search was justified by the vehicle exception to the warrant requirement; and 3) because defendant did not challenge the lawfulness of his appeal waiver itself, enforcing the waiver as to his claim that the district court improperly applied the obstruction of justice sentence enhancement did not result in a miscarriage of justice.

As the court wrote:  "Defendant Andrew Polly was arrested on March 14, 2006, after police discovered crack and powder cocaine on his person and in his vehicle. Later, police also found powder cocaine in a storage unit rented by Polly. The district court denied Polly's motions to suppress the cocaine, and Polly pled guilty. On appeal, Polly claims that (1) the district court erred in denying his suppression motions, (2) the district court erred in applying a sentencing enhancement for obstruction of justice, (3) he is entitled to a reduction in his sentence, and (4) his counsel was ineffective at the suppression phase of the proceedings."

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