(DOWNLOAD) "United States V. Rusher" by United States Court of Appeals for the Fourth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Rusher
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 03, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

A highway patrolman stopped, searched, and discovered drugs and firearms in a pickup truck driven by defendant James Joseph Flannery and occupied by defendants David Rusher ("David") and his wife Sarah Rusher ("Sarah"). Flannery and the Rushers were convicted in the Middle District of North Carolina of possession with the intent to distribute methamphetamine and psilocin. On appeal, defendants argue, among other things, that the district court erred in not suppressing the evidence seized from the truck. The defendants also appeal their sentences: all three argue that the mandatory minimum sentencing provisions of 21 U.S.C. § 841(b)(1)(B)(viii) were inapplicable because the mixture of methamphetamine they possessed did not exceed 100 grams; the Rushers argue that the court erred in enhancing their sentences under the Federal Sentencing Guidelines because guns were involved in the offense; and David contests the court's upward departure from his criminal history category. We affirm the defendants' convictions and sentences in all respects, except that we vacate David's sentence and remand his case for resentencing because the court failed to state the specific reasons for departing.

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