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United States v. Burnside

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ARGUED SEPTEMBER 25, 2009

Before EASTERBROOK, Chief Judge, and KANNE and SYKES, Circuit Judges.

While on parole for a cocaine distribution conviction and following months of police investigation, defendant Brian Burnside was arrested for possession of a controlled substance. In a search incident to his arrest, police found large amounts of crack cocaine on Burnside’s person. Police then searched Burnside’s residence where they recovered more crack cocaine, cocaine, a handgun, and more than $30,000 in cash. A federal grand jury charged Burnside in a one-count indictment with possession of more than fifty grams of crack cocaine with the intent to distribute. See 21 U.S.C. §§ 841(a)(1), (b)(1)(A). Burnside filed a motion to suppress evidence, arguing that the officers lacked probable cause for his arrest. He also argued that his unlawful arrest tainted both the evidence found incident to that arrest and the search warrant later obtained. The district court denied the motion. Burnside eventually pled guilty to the charge and was later sentenced. Burnside argues on appeal that the district court erroneously denied the motion to suppress. He also seeks to withdraw his guilty plea, arguing that the district court judge inappropriately participated in the plea colloquy. We find no merit to Burnside’s claims, and we affirm.

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