Cox & Mazzoli

Case Results

United States v. Rice, et al.

All Charges Dismissed; Affirmed on Appeal

Case number: 3:04 CR 00083-TBR Type of case: Narcotics - cocaine and firearms Jurisdiction: United States District Court Western District of Kentucky, Louisville Judge: Chief Judge Thomas B. Russell

Mr. Rice and 12 co-defendants were indicted and accused of Conspiring with Intent to Distribute Cocaine and Possessing Firearms in Louisville, Kentucky. Approximately 22 kilograms of cocaine were recovered by the government on their way to be delivered to Mr. Rice. The government searched Mr. Rice's home and found two kilograms of cocaine hidden in a wall in his basement in addition to approximately $250,000 in cash. Numerous loaded firearms including an assault rifle were also located near the narcotics and the money. The government was able to bring the case against Mr. Rice because they had convinced a U. S. District Court Judge in Louisville to give them authorization for a wire tap of Mr. Rice's cell phone. 18 U. S. C. ' 2110.

A motion to suppress all the evidence received from the wire tap was filed by the defendants. The trial judge agreed with our motion and, after extensive hearings and briefing, dismissed all charges against Mr. Rice and his co-defendants.

The government appealed the case to the Sixth Circuit Court of Appeals in Cincinnati, Ohio. In the first case of its kind in Sixth Circuit history, the appellate court agreed with the trial court and affirmed its decision dismissing all charges against Mr. Rice. Shortly thereafter, Mr. Rice was released from pretrial detention, and all charges against him were dismissed. See, United States v. Rice, 478 F.3d 704 (6th Cir. 2007).

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