US v. Aguilera, No. 09-3688
Methamphetamine Conviction and Sentence Affirmed
In US v. Aguilera, No. 09-3688
, the court affirmed defendant's conviction and sentence for conspiracy to distribute 50 grams or more of methamphetamine, holding that 1) the district court did not err in concluding that a trooper's warrantless
search was permissible under the automobile exception, and the court need not
consider whether the search of the vehicle was a valid search incident to
arrest; 2) the district court did not abuse its discretion by concluding that no
miscarriage of justice resulted from the jury's verdict; and 3) even accepting
for purposes of analysis that a defendant seeking safety-valve relief need
provide only that information which he subjectively believes is true, the
district court did not clearly err in denying relief.
As the court wrote: "Jorge Osbaldo Aguilera was convicted of conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846, and possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). The district court denied Aguilera's motions to suppress evidence seized during a traffic stop and for a new trial."
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