U.S. v. Johnson

In prosecution on drug distribution charge, Dist. Ct. did not err in denying as untimely defendant’s motion to suppress seizure of drugs found in ceiling cavity of defendant’s back porch pursuant to search warrant, where defendant filed said motion one year after his conviction and argued for first time that search exceeded scope of warrant, where police were to search for firearms and ammunition. Moreover, instant seizure was otherwise lawful, where: (1) ammunition that was subject of warrant could have been found in ceiling cavity or sock; and (2) incriminating nature of sock was immediately apparent because officers had pro0bable cause to believe that sock contained contraband or was linked to criminal activity. Ct. of Appeals also rejected defendant’s argument that: (1) Dist. Ct. erred in subjecting him to 10-year statutory minimum sentence under section 841(b)(1)(A)(vi), because furanylfentanyl found in sock is not analogue of fentanyl; and (2) Dist. Ct. erred in finding that defendant’s prior Illinois drug felony convictions fell within career-offender guideline’s definition of controlled substance offense under section 4B1.2(b) of USSG.