George Eli Brown, Jr. v. United States
DueProcess CriminalProcedure
Whether a police officer's belief that a motorist does not have a driver's license diminishes to an inchoate hunch or suspicion when another officer subsequently conducts an investigation and discovers the motorist is licensed
QUESTION(S) PRESENTED I. DOES A POLICE OFFICER'S BELIEF THAT HE ALLEGEDLY HAS REASONABLE SUSPICION A MOTORIST DOES NOT HAVE A DRIVER'S LICENSE DIMINISH TO AN INCHOATE HUNCH OR SUSPICION WHEN ANOTHER POLICE OFFICER SUBSEQUENTLY CONDUCTS AN INVESTIGATION AND DISCOVERS THE MOTORIST IS LICENSED? II. SHOULD AN APPEAL WAIVER BE ENFORCED WHEN A JUDGE CONSIDERS AN IMPROPERLY CALCULATED GUIDELINE RANGE TO IMPOSE SENTENCE AND AFTER SENTENCE BECAME FINAL THE GOVERNMENT SUBMITS EVIDENCE NOT PREVIOUSLY DISCLOSED THAT IMPACTED THE PROCEEDING? III. DOES THE LAW IN EFFECT DURING ORIGINAL SENTENCING OR THE LAW IN EFFECT DURING A SENTENCE UNDER 18 U.S.C. §3582(c)(2) CONTROL THE MAXIMUM PUNISHMENT FOR A SUPERVISED RELEASE VIOLATION? i v : :