Wednesday, August 10, 2005

Drug search upheld

The Eighth Circuit Court of Appeals today affirmed Oscar Berrera Sanchez's guilty plea to being a felon in possession of a firearm and the district court's sentence of 4 years and seven months in federal prison without parole.

Sanchez had entered a conditional plea of guilty while appealing the district court's denial of his motion to suppress the 9mm pistol that formed the basis of his prosecution. The appellate court ruled that Missouri State Highway Patrol troopers acted properly in detaining Sanchez and searching the vehicle in which he was a passenger (which was carrying several large bundles of marijuana as well as other narcotics besides the loaded 9mm pistol found under the passenger seat.)

Here is the court's opinion.