Source: cases/21usc841/f-supp-2d-427-894-us-v-person.case
Case source: https://www.neochart.com/catalog/cases/f-supp-2d/volume_427/0894_01/index.html
casedsl 1 case /f-supp-2d/427/0894-01 name United States v. Person cite 427 F. Supp. 2d 894 (2006) court United States District Court for the District of Minnesota date 2006-04-06 url catalog/cases/f-supp-2d/volume_427/0894_01/index.html source ir/caselaw/f_supp_2d_427.jsonl sha1=d6abe0e61cb81e9512d5f11bf107ac55a9e79d69 chars=39893 law 21usc841 (a)(1),(b)(1)(A) role background posture criminal; pretrial; district judge adopts magistrate's report denying co-defendant Keezer's motions to dismiss the indictment, suppress search-warrant evidence, quash arrest and suppress electronic surveillance result not-decided element possession : not-reached gloss Charged as aiding and abetting possession with intent to distribute crack (two dates); the opinion only reviews probable cause for two residential search warrants. Warrant affidavits recite a controlled buy of half a gram from a third person at the shared residence and an informant seeing packaged crack there; none of this is assessed against the offence elements. element intent-to-distribute : not-reached element knowledge : not-reached element substance : not-reached element quantity : not-reached gloss (b)(1)(A) is charged; quantity is never discussed (affidavit mentions about one ounce of crack recovered in the January search). element aiding : not-reached gloss Counts are framed under 18 U.S.C. § 2 and § 846 but accomplice/conspiracy liability is not analysed. # role background: the opinion decides no element of § 841; it is a pretrial suppression/dismissal ruling (Fourth Amendment probable cause, informant reliability, staleness, no-knock entry; state-court warrant jurisdiction on the White Earth Reservation under Public Law 280; grand-jury evidence may not be challenged for competency). § 841 appears only as the charge. Negative finding. misfit The nearest thing to a merits statement is that two magistrate judges found probable cause to believe Keezer committed possession with intent to distribute; the basis vocabulary has no "probable cause" level (below pleaded/triable), and the opinion gives no facts for that finding, so it is not recorded as a holding. misfit The drug facts in the opinion are warrant-affidavit averments about the premises and mostly about co-defendant Person and a third-party seller, while the moving party is Keezer; `fact` lines would misattribute them as facts the court relied on for an element. # Two opinions in one record (district judge's adopting order plus the magistrate's report and recommendation); no block carries a quote, so no `opinion` qualifier is needed.