Legal Opinion

United States v. Shirley Ellen Hutchings and Kenneth Orville Hutchings

Court of Appeals for the Tenth Circuit

Decided October 21, 1997No. 96-4171, 96-4172PublishedCited by 26 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Defendants Kenneth and Shirley Hutchings each plead guilty to one charge of manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1), and were each sentenced to forty months imprisonment and a five-year supervised release. They appeal from the district court’s denial of their motion to suppress evidence. The defendants claim that law enforcement officers collected evidence against them in a manner prohibited by both the Posse Comitatus Act and the Fourth Amendment of the U.S. Constitution. We take jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Background

Prior…

2Cases cited18 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. DunnSupreme Court of the United States · 1987
  3. Hester v. United StatesSupreme Court of the United States · 1924
  4. Perpich v. Department of DefenseSupreme Court of the United States · 1990
  5. United States v. Walt Anthony Sturmoski, A/K/A Anthony W. WilliamsCourt of Appeals for the Tenth Circuit · 1992

13 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. United States v. WootenCourt of Appeals for the Tenth Circuit · 2004
  2. Nelson v. GeringerCourt of Appeals for the Tenth Circuit · 2002
  3. United States v. William Riley SimpsonCourt of Appeals for the Tenth Circuit · 1998
  4. United States v. OteroCourt of Appeals for the Tenth Circuit · 2009
  5. United States v. Bryan Keith CarterCourt of Appeals for the Tenth Circuit · 2004

21 more not listed; retrieve them via the Exa API.

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