(DOWNLOAD) "United States V. Tillman" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States V. Tillman
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 06, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CELEBREZZE, Senior Circuit Judge. Defendant, Cordell L. Tillman, was indicted in the United States District Court for the Eastern District of Kentucky on three counts.*fn1 In Count One, defendant was charged with violating 21 U.S.C. § 846, Conspiracy to Possess with Intent to Distribute Cocaine; Count Two charged defendant with violating 21 U.S.C § 841(a)(1) and 18 U.S.C. § 2, Aiding and Abetting the Possession with Intent to Distribute Cocaine; Count Three charged defendant with violating 18 U.S.C. § 1952(a)(3) and 18 U.S.C. § 2, Aiding and Abetting the Travel in Interstate Commerce with Intent to Promote Unlawful Activities. Defendant filed a Motion to Suppress Tangible Evidence and Statements. A hearing on the motion to suppress was held before a magistrate. The Magistrate issued his report recommending the motion to suppress be denied. Defendant thereupon filed his objections to the Magistrate's report. On April 30, 1991, the District Court overruled defendant's objections and denied defendant's motion to suppress. Defendant then entered a conditional plea of guilty pursuant to Fed. R. Crim. P. 11(a)(2) to Count Three of the indictment thereby preserving his right to appeal the denial of his motion to suppress evidence. Counts One and Two were dropped. On July 8, 1991, defendant was sentenced to thirty-seven months imprisonment, three years supervised release and a $50.00 special assessment. Defendant filed a timely Notice of Appeal. For the following reasons the decision of the district court is vacated and the case is remanded.