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US v. Abbott, No. 08-1623

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By FindLaw Staff on July 28, 2009 5:50 PM

Conviction and sentence for drug crimes and firearms possession is affirmed where: 1) the district court did not err by imposing a consecutive five-year sentence as the prefatory clause of the Armed Career Criminal Act refers only to alternative minimum sentences for violations of the Act; and 2) the court did not err in denying defendant's motion to suppress physical evidence found on his person as there was probable cause that the house in question was being used for a criminal enterprise, and thus the search of all persons present inside the house was justified.    

Read US v. Abbott, No. 08-1623

Appellate Information
Appeal from the United States District Court for the Eastern District of Pennsylvania.
Argued March 3, 2009
Filed July 28, 2009

Judges
Before: SCIRICA, Chief Judge, SLOVITER and HARDIMAN, Circuit Judges.
Opinion by SLOVITER, Circuit Judge.

Counsel
For Appellant: Jennifer A.L. Battle, Joseph Anclien, Elizabeth K. Ainslie, Philadelphia, PA. 

For Appellee: Mark S. Miller, Elizabeth F. Abrams, Office of United States Attorney, Philadelphia, PA.

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