United States v. Osborne
2012 U.S. App. LEXIS 4699
| 6th Cir. | 2012Background
- Osborne was convicted of distributing cocaine within 1000 feet of a school (crack and powder) and possessing a firearm in furtherance of a drug-trafficking crime after a shooting near a Knoxville elementary school.
- Police arrested Osborne after responding to a 911 call; they found crack cocaine and powder cocaine and two firearms in the car.
- The district court sentenced Osborne to 78 months on each drug charge and 120 months on the gun charge, all concurrent.
- Osborne appeals claiming (i) the proximity-to-school element of § 860(a) should have been instructed to the jury as an element, and (ii) the evidence seized from his car should have been suppressed.
- The panel affirms the conviction, rejecting both challenges on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proximity to a school is an element of § 860(a) | Osborne argues § 860(a) creates a separate offense requiring jury finding on 1000-foot proximity. | Government maintains § 860(a) is a sentencing enhancement, not an element. | Proximity is an element; however plain-error review fails to show reversible error. |
| Whether the car-search evidence should have been suppressed | Osborne contends the search violated Fourth Amendment and should be suppressed. | No suppression because officers followed prevailing precedent at the time; Gant does not require suppression of products. | Admissible; suppression declined and ineffective-assistance claims fail. |
Key Cases Cited
- Johnson v. United States, 520 U.S. 461 (1997) (plain-error review; element not proven to alter fairness not reversible)
- Jones v. United States, 526 U.S. 227 (1999) (elements versus sentencing factors; proximity finding increases punishment)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (any fact increasing maximum penalty must be charged and proven)
- Davis v. United States, 131 S. Ct. 2419 (2011) (Gant rule; evidence may be admissible despite violation when precedent followed)
- Thornton v. United States, 541 U.S. 615 (2004) (vehicle search rules; precedent controls unless overturned)
- United States v. Navarro-Diaz, 420 F.3d 581 (2005) (identification admissible after unconstitutional search)