United States v. Withers

LEE, District Judge. Alice Withers was stopped for questioning by members of the Chicago area Drug Enforcement Interdiction Task Force (""Task Force"") at Eastern Airlines' baggage claim area in Chicago's O'Hare International Airport. Although Withers was not arrested at that time, after she was questioned, the officers detained Withers' garment bag. Shortly thereafter, a trained narcotics detection dog alerted to the presence of narcotics in the garment bag. On the following day, after obtaining a search warrant for the garment bag, Task Force officers opened the bag and discovered cocaine. After a hearing, the district court denied Withers' motion to suppress the evidence. Six days prior to the trial, Withers filed a motion to continue the trial, which was denied. A jury subsequently convicted Withers on the charge of possession with intent to distribute 500.29 grams of cocaine. Withers now appeals the denial of her motion to suppress, the alleged failure of the government to provide discovery material, and the denial of her motion to continue the trial. For the reasons stated below, we affirm. I. BACKGROUND