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.
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.