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.
093909P.pdf 10/21/2010 United States v. Edward Brewer
U.S. Court of Appeals Case No: 09-3909
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Gruender, Author, with Bright and Loken, Circuit
Judges]
Criminal case - Criminal law and sentencing. Officers knew
defendant's license was suspended and they had probable cause to stop
and arrest him; district court erred in finding cash seized during the arrest
was found in defendant's vehicle as it was actually seized from his
person; the cash was admissible since the search of defendant's person
was a valid search incident to arrest; evidence was sufficient to support
defendant's convictions; district court is not required to instruct a jury
about the sentencing consequences of its verdict, and the court did not
abuse its discretion by refusing to instruct the jury concerning possible
mandatory minimum sentences; no error in imposing a two-level
enhancement under Guidelines Sec. 2D1.1(b)(1) for possession of a
firearm in connection with drug trafficking; sentence was not
unreasonable, and the district court was within its discretion in denying a
request to vary downward based on the crack/cocaine disparity. Judge
Bright, concurring with respect to the issues concerning conviction and
dissenting with respect to defendant's sentence.