Legal Opinion

United States v. Carlos Torres

Court of Appeals for the Third Circuit

Decided March 22, 1991No. 90-5545PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we decide that a kilogram of cocaine seized in violation of the Fourth Amendment and suppressed for that reason was nevertheless properly considered in determining the applicable sentence under the Sentencing Guidelines. Because the plea bargain was based on a stipulation that a lesser amount of the drug was to be used for computation of the sentencing range, we will remand for appropriate relief.

Based on an informant’s tip, a number of DEA agents conducted a warrantless search of an apartment in Cliffside Park, New Jersey, on July 1,…

2Cases cited34 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Stone v. PowellSupreme Court of the United States · 1976
  5. Weeks v. United StatesSupreme Court of the United States · 1914

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

3Cited by64 opinions

  1. George Del Vecchio, Cross-Appellee v. Illinois Department of CorrectionsCourt of Appeals for the Seventh Circuit · 1994
  2. United States v. Anthony M. Miele John Jay McElfresh Charles J. Walters Patrick T. Reinstadtler James F. Foster, Anthony M. MieleCourt of Appeals for the Third Circuit · 1993
  3. United States v. JenkinsCourt of Appeals for the Sixth Circuit · 1993
  4. United States v. Harold Benny Jewel, Also Known as "Bear," and Arthur S. Jackson, Also Known as Stevie JacksonCourt of Appeals for the Seventh Circuit · 1991
  5. Lopez-Vazquez v. StateSupreme Court of Delaware · 2008

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

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