U.S. v. Sanders

Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration on drug charge, even though said sentence was based in part on relevant conduct arising out of defendant’s possession of drugs found in his home that had been subject of defendant’s successful motion to suppress. Under Brimah, exclusionary rule does not apply at criminal sentencing proceedings, and Ct. rejected defendant’s contention that suppression of drugs should be applied at his sentencing hearing where underlying 4th Amendment violation had been “egregious.” Ct. also questioned whether there had been any 4th Amendment violation, where search of defendant’s home, pursuant to search warrant, came after defendant had been arrested with marijuana on his person.