DC Circuit: USA v. Gerry Burnett

Fourth Amendment, FRE, Sentencing, Conspiracy


Probable cause for search and stop of car, given GPS data and ongoing investigation, despite the fact that the trip was atypical.

Accidentally destroyed evidence was in no way exculpatory.

Given association of the defts outside the house, reliance on GPS data from inside of a house to establish probable cause was not constitutional error.

Admission of prior bad acts harmless.

Calculation of drug amounts included some from before one deft joined the conspiracy -- remanded for resentencing.


USA v. Gerry Burnett