Criminal Law

Dist. Ct. did not err in sentencing defendant to 151-month term of incarceration on drug distribution charge even though defendant claimed that Dist. Ct. ignored his mitigation argument regarding his claim that he suffered from mental illness and history of sexual abuse. Record showed that Dist. Ct. actually considered and rejected mitigation evidence when relying on defendant's extensive criminal history in imposing sentence. Moreover, extensive discussion of mitigation evidence was not necessary where defendant was sentenced at very bottom of applicable sentencing range.

Magistrate Judge did not err in granting govt.'s motion for turnover of $4,881 in defendant's funds seized by govt. in unrelated criminal matter to partially satisfy $134,218.52 restitution order in instant case. Ct. rejected defendant's claim that motion for turnover was improper vehicle for obtaining instant funds, and that govt. was required to file motion for garnishment under 28 USC section 3205 of Federal Debt Collection Procedures Act. Moreover, liens based on restitution orders are effective against every interest in property accorded to defendant by state law, and thus $4,881 was subject to lien to satisfy restitution obligation.

Dist. Ct. erred in denying defendant's habeas petition challenging his burglary and theft convictions based on claim that his counsel was ineffective for failing to seek suppression of stolen items found in partially covered wheelbarrow defendant was pushing when defendant was initially encountered on street by police officers. Police officers lacked reasonable suspicion to stop and search defendant where police had only general report that suspicious person was pushing wheelbarrow, and where defendant's behavior or appearance of wheelbarrow did not otherwise suggest that he was engaged in any wrongdoing or was armed. Ct. also found that inevitable discovery rule did not apply since officers could not have discovered stolen items in wheelbarrow but for illegal search of defendant.

Dist. Ct. did not err in sentencing defendant to 168-month term of incarceration on drug distribution charge even though Dist. Ct. rejected defendant's contention that he was entitled to two-level reduction in offense level based on his cooperation with law enforcement and on his guilty plea. Dist. Ct. could properly view that defendant's post-arrest telephone call to his wife to tip off third-party, with whom defendant had prior drug dealings, to conceal drugs, as well as defendant's fight with fellow prisoner in jail, as inconsistent with sincere acceptance of responsibility for his criminal conduct.