Sentencing- Suppression of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Quintez Turner

Case No.: 21-2345

Officials: Sykes, Chief Judge, and Hamilton and Brennan, Circuit Judges.

Focus: Sentencing- Suppression of Evidence

Turner pleaded guilty to three firearm and drug charges after police discovered a pistol, a rifle, marijuana, and heroin in his apartment. On appeal, Turner claims the district court should have suppressed the drugs and firearms as evidence because the officers lacked probable cause for the search. He also challenges his sentence, arguing that the district court improperly relied on two prior state convictions to enhance his statutory maximum sentence.

Because Turner entered an unconditional plea in open court, he waived any objection to the district court’s suppression ruling. The court thus declines to review the merits of Turner’s suppression challenge. As for his sentence, the Seventh Circuit agrees the district court erred in enhancing Turner’s maximum penalty and remand for resentencing.

Affirmed and Remanded.

Decided 12/22/22

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