Search Warrant – Sufficiency of Evidence – Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Miles Musgraves

Case No.: 15-2371

Officials: EASTERBROOK, ROVNER, and HAMILTON, Circuit Judges.

Focus: Search Warrant – Sufficiency of Evidence – Sentencing Guidelines

Sufficient evidence existed to find probable cause for search warrant; Court lacked sufficient evidence to tie appellant to cocaine package at any time for several other counts.

“The government did not present evidence establishing a substantial connection between Musgraves and Smith’s car. The facts here differ from the joint occupancy cases cited by the government, where a connection between the defendant and the contraband’s location is a given. The only evidence of proximity is the series of 911 calls from Musgraves indicating that he had seen Smith with the contraband nearby No witnesses were able to place Musgraves in proximity to the car and therefore the contraband, and apart from the government’s framing theory, there is no evidence supporting an inference that Musgraves had the power and intention to exercise control over the firearm in Smith’s car. We therefore reverse the felon-in-possession conviction under Count 4 of the indictment.”

Affirmed in part

Reversed in part

Vacated and remanded in part

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.