U.S. v. SMITH

No. 07-5377.

549 F.3d 355 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Terrence Tyrone SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2008.


Attorney(s) appearing for the Case

ARGUED: Wende C. Cross, W.C. Cross & Associates, Cincinnati, Ohio, for Appellant. James E. Arehart, Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Wende C. Cross, W.C. Cross & Associates, Cincinnati, Ohio, for Appellant. Charles P. Wisdom, Jr., Andrew Sparks, Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

BOGGS, C.J., delivered the opinion of the court, in which GRIFFIN, J., joined. MERRITT, J. (p. 363-64), delivered a separate dissenting opinion.


OPINION

BOGGS, Chief Judge.

Defendant Terrence Tyrone Smith appeals from the district court's denial of his motion to suppress the evidence underlying his guilty plea to two counts of possession with intent to distribute five grams or more of cocaine base. Smith also appeals from the district court's sentence of 240 months, based in part on the court's determination that Smith was a career offender. We hold that police officers had probable cause to arrest...

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