U.S. v. RYAN

No. 99-3366.

236 F.3d 1268 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Jason A. RYAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 10, 2001.


Attorney(s) appearing for the Case

Marilyn M. Trubey, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with her on the brief), Topeka, Kansas, for Defendant-Appellant.

Nancy Landis Caplinger, Assistant United States Attorney (Jackie N. Williams, United States Attorney, with her on the brief), Topeka, Kansas, for Plaintiff-Appellee.

Before EBEL and BRISCOE, Circuit Judges, and H. DALE COOK, Senior District Court Judge.


EBEL, Circuit Judge.

This case primarily involves the question of whether a court may, when determining a defendant's offense level, consider drugs and weapons that the Government could not have used at trial because they were the product of an unconstitutional search and seizure. The district court considered the illegally obtained evidence in reaching defendant's offense level. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

BACKGROUND...

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