Thursday, August 11, 2011

Seventh Circuit -- USA v. Scott Johnson

USA v. Scott Johnson

When you have a CI who says he bought drugs from deft at deft's house four times in the last week, you have enough for a search warrant.

No error in trial court not giving a special credibility instruction, as court is in best place to judge.

Where prosc. in opening says deft had 5kg of cocaine, but then immediately corrects it to 1/2kg, no error in denying mistrial.  (Record established that 5KG had been there the night before.)

Prohibition in Sarbanes-Oxley on destruction of documents & objects can be used against deft who tries to destroy cocaine base before police get to it - it merely has to be relevant to a possible future court proceeding.

Said destruction properly referenced at sentencing to base offense of conspiracy, not possession.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.