DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151374P.pdf 07/08/2016 United States v. Demetrius Colbert
U.S. Court of Appeals Case No: 15-1374
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges]
Criminal case - Criminal law and sentencing. Wiretap application and
affidavit used to secure a wiretap met the necessity requirement set out
in 18 U.S.C. Sec. 2518(1)9c); search warrant application established a
nexus between the address to be searched and defendant's money laundering
operation, and the evidence seized during the execution of the warrant was
admissible; proposed testimony regarding another raid and search was
properly excluded as irrelevant as the two raids were not similar; no
error in joining defendant's conspiracy and firearms counts and no error
in denying his motion to sever the counts; evidence was sufficient to
support defendant's conviction for assaulting a federal officer as there
was substantial evidence that defendant was not acting in self defense
when he fired at the SWAT team executing the search warrant; no error in
imposing a leadership role enhancement under Guidelines Sec. 3B1.1(a) or
in calculating the drug quantities involved; sentence was substantively
reasonable; a life sentence does not violate the Eighth Amendment's
prohibition on cruel and unusual punishment.