LEVEN

v.

UNITED STATES

Citator

Cited By (11 total)

• United States v. Keene, 915 F.2d 1164 (8th Cir. 1990)
  …officers reasonably believe the persons to be apprehended might destroy evidence during a delay in police entry.” United States v. Tracy, 835 F. 2d 1267, 1270 (8th Cir.1988) (citing Ker v. California, 374 U.S. at 47, 83 S.Ct. at 1636), cert. denied, 486 U.S. 1014, 108 S.Ct. 1750, 100 L.Ed.2d 212 (1988). In the present case, the district court found that the arresting officer entered a closed, but unlocked, door after yelling “police” and hesitating. The warrant authorized an unannounced entry to prevent des…
• Arvil Hall v. Shipley, 932 F.2d 1147 (6th Cir. 1991)
  …nt are always reasonable in narcotics cases on the ground that narcotics violators are normally on the alert to destroy any contraband at the first notice of an officer’s presence. See United States v. Tracy, 835 F. 2d 1267 (8th Cir.), cert. denied, 486 U.S. 1014, 108 S.Ct. 1750, 100 L.Ed.2d 212 (1988). The second approach requires some other reason in addition to the fact that narcotics could be disposed of quickly. See United States v. Allen, 675 F. 2d 1373, 1382 (9th Cir.1980), cert. denied, 454 U.S. 83…
• United States v. Knorr, 942 F.2d 1217 (7th Cir. 1991)
  …urt “may permit withdrawal of the plea upon a showing by the defendant of any fair and just reason.” However, the defendant has no absolute right to withdraw the guilty plea. United States v. McFarland, 839 F. 2d 1239, 1241 (7th Cir.), cert. denied, 486 U.S. 1014, 108 S.Ct. 1750, 100 L.Ed.2d 212 (1988). The decision of whether to permit a plea withdrawal rests within the sound discretion of the district court, and we will reverse that decision only upon a showing of an abuse of that discretion. Id.; United S…