DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022826P.pdf 05/27/2003 United States v. Henry Vincent Kelly
U.S. Court of Appeals Case No: 02-2826
District of Minnesota
Criminal Case - suppression. Conviction for possession with intent
to distribute and conspiracy to distribute cocaine is affirmed.
Warrantless arrest was supported by probable cause based on
inconsistencies in stories, smell of marijuana outside hotel rooms
rented by defendant and statements by witnesses. Entry to hotel
room was consensual. Officers scrupulously honored defendant's
right to remain silent. District court's denial of downward
departure is unreviewable on appeal.