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.
132452P.pdf 10/28/2014 United States v. Eric Michelle Hunter
U.S. Court of Appeals Case No: 13-2452
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Loken, Author, with Bright and Gruender, Circuit Judges]
Criminal case - Criminal law and Sentencing. Police officers relied on
binding Eighth Circuit precedent in obtaining and executing a warrant, and
the exclusionary rule did not apply to preclude the use of the drug dog's
sniff evidence in the search warrant application; claims of prosecutorial
misconduct during trial and during closing argument rejected; Apprendi did
not overrule Almendarez-Torres and district courts may continue to impose
career offender enhancements without having a jury determine the fact of
prior convictions; Alleyne left intact the rule that enhancements based on
the fact of a prior conviction are an exception to the general rule that
facts increasing the prescribed range of penalties must be presented to a
jury; appellant's motion for permission to file a pro se brief is denied
as he represented by appointed counsel and no reason has been shown for
the court to deviate from its general rule that a party represented by
counsel may not file his own pro se brief. Judge Bright, concurring.