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US v. Simms, 10-1055

By FindLaw Staff on November 23, 2010 1:28 PM

Brady challenge in defendant's drug and gun related convictions

US v. Simms, 10-1055, concerned a challenge to a conviction of defendant for gun and drug related offenses, and sentence to 270-months' imprisonment, plus 30 months for having violated supervised release.

In affirming, the court held that a garbage search was lawful as it was authorized by an appearance of consent to collect the garbage from the fenced yard under winter rules with the gate open.  The court also held that the search of defendant's car that yielded the gun that provided the basis for his mandatory 15-year sentence as an armed career criminal was permissible.  However, the court held that defendant's sentences must be corrected to make the sentence for violation of supervised release run concurrently with the other sentences, and the judge should determine whether he wants to resentence the defendant to a sentence within the applicable guideline range.

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