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221447P.pdf   06/16/2023  United States  v.  Isaac Johnson
   U.S. Court of Appeals Case No:  22-1447
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Criminal case - Criminal law and Sentencing. Justification to conduct a warrantless searach of an automobile does not vanish once the car is temporarily immobilized; the Supreme Court has expressly rejected defendant's argument that a warrant is required if law enforcement officers have probable cause to search before the anticipated criminal activity; the evidence was sufficient to support defendant's conviction for conspiracy to distribute 500 or more grams of cocaine; the district court did not err in imposing an enhancement because defendant was convicted of an offense involving 500 or more grams of cocaine and had a prior conviction for a serious drug felony; defendant's prior conviction for delivery of a controlled substance in violation of Sec. 481.112 of the Texas Health & Safety Code was a serious drug felony; by failing to timely object to the application of the enhancement defendant waived the challenge. Chief Judge Smith, concurring in part and dissenting in part.