OXFORD, Miss. (WTVA) -- A Shannon man appealing his 10-year prison sentence following on drug charges has won his attempt to have some of the evidence seized excluded from his trial.
Kermit Omar Rogers, 39, was arrested in June of 2009 when authorities served a search warrant at his home on County Road 401 in Shannon.
Rogers pleaded guilty in December of 2010 to federal charges of possesion of more than 50 grams of crack cocaine and was sentenced to serve 10 years in prison and eight years probation on his release.
Rogers appealed saying the some of the evidence collected was actually found at an address not included in the original search warrant and thus not admissable.
In June of 2012, the Fifth U. S. Circuit Court of Appeals vacated the sentence and sent the case back to U. S. Dstrict Court for further hearings.
The evidentiary hearing took place in December.
On Tuesday, a federal judge sided with Rogers in saying some of the evidence collected was found in a truck not parked at the address listed on the search warrant and cannot be entered into evidence in the case.