(DOWNLOAD) "First American Kickapoo Operations, L.L.C. v. Multimedia Games, Inc." by United States Court of Appeals Tenth Circuit * eBook PDF Kindle ePub Free

February 13, 2021

eBook details

Title: First American Kickapoo Operations, L.L.C. v. Multimedia Games, Inc.
Author : United States Court of Appeals Tenth Circuit
Release Date : January 22, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 81 KB

Description

Defendant-Appellant John Stevens Hauk appeals the district courts denial of his motion to suppress evidence discovered as a result of a protective sweep of his residence. Mr. Hauk argues that the police lacked reasonable suspicion for the protective sweep because it was based on uncorroborated information in an anonymous tip. Exercising jurisdiction under 28 U.S.C. Â§ 1291, we AFFIRM the district courts denial of Mr. Hauks motion to suppress. However, on plain error review, we conclude that Mr. Hauks sentence violated his Sixth Amendment rights under United States v. Booker, 125 S.Ct. 738 (2005), and we exercise our discretion to VACATE the sentence and REMAND to the district court for resentencing.