Crack Possession Conviction Affirmed

In US v. Polly, No. 08-6048, the court affirmed defendant’s crack cocaine possession conviction where 1) the traffic stop at issue was objectively justifiable based on the traffic violations that the officer observed; 2) the district court correctly concluded that the search was justified by the vehicle exception to the warrant requirement; and 3) because defendant did not challenge the lawfulness of his appeal waiver itself, enforcing the waiver as to his claim that the district court improperly applied the obstruction of justice sentence enhancement did not result in a miscarriage of justice.

Related Resources

  • Read the Ninth Circuit’s Decision in US v. Polly, No. 08-6048

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