Following a traffic stop for unsafe lane change and a consensual vehicle search which yielded ten kilograms of cocaine concealed in two false compartments in the rear quarter panels, appellant was indicted for conspiracy to possess with intent to distribute cocaine and use of an interstate facility in aid of racketeering. Appellant moved for, and was denied, suppression of the evidence; a jury subsequently convicted appellant on both counts. The district court accepted the presentence report classifying appellant as a career offender, but granted appellant's motion for a downward departure, sentencing appellant to 240 months on the first count and 60 months on the second, to run concurrently. Appellant appealed his convictions arguing that certain evidence should have been suppressed and that there was insufficient evidence for conviction as well as various challenges to his sentence. The court affirmed holding the traffic stop was reasonable under Ark. Code Ann. §27-51-306 as appellant changed lanes without a safe distance and the officer had reasonable suspicion that appellant was engaged in drug trafficking based on his observations of appellant and the condition of the vehicle, including the modified quarter panel. Thus, the officer did not unreasonably extend the detention, and appellant's consent was not tainted. Further, the evidence supported that a reasonable jury could conclude appellant reached an agreement with another to distribute drugs and that the trial court properly considered appellant's career criminal activity when determining the sentencing guidelines. Accordingly, the judgment of conviction and sentence was affirmed.
U.S. v. Henry Korvett Bams, Fifth Circuit, Case No.: 16-41197, 06/01/2017
June 19, 2017
Thank you for sharing!
Your article was successfully shared with the contacts you provided.
This premium content is locked for Texas Lawyer subscribers only.
Subscribe now to enjoy unlimited access to Texas Lawyer content,
5 free articles* across the ALM Network every 30 days,
Exclusive access to other free ALM publications
And exclusive discounts on ALM events and publications.
*May exclude premium content Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to email@example.com to learn more.
Pasternack Tilker Ziegler Walsh Stanton & Romano L.L.P.
551 5th Avenue
Presented by BigVoodoo
ALM Legal Publication Newsletters
Sign Up Today and Never Miss Another Story.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.