U.S. v. Currie

In prosecution on drug conspiracy and firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress drugs and firearms seized from defendant’s home pursuant to search warrant, even though defendant argued that confidential informant, who supplied information in affidavit used to support issuance of warrant, was unreliable. Informant’s credibility was not material where drug transactions used to support application for warrant were recorded, and where officer, who prepared affidavit, described what he saw and heard in reviewing recorded transactions. As such, recorded transactions supplied corroboration of informant that was sufficient to support issuance of warrant. Limited remand on issue of defendant‘s sentence, though, was warranted, where Dist. Ct. imposed 121-month sentence on misunderstanding that Fair Sentence Act of 2010 did not apply, and where Dist. Ct.’s remarks at sentencing did not indicate that it would have imposed same sentence had it known that lower statutory minimum sentence under Fair Sentencing Act applied.