United States Ninth Circuit

A conviction and sentence for distribution of cocaine base and maintaining drug-involved premises is affirmed over meritless contentions that: 1) evidence of sales by defendant to a government informant prior to the charged sale should not have been admitted, 2) certain seized evidence should have been suppressed; 3) evidence he used two apartments to manufacture crack was insufficient to sustain his conviction on those counts; 4) he was improperly sentenced under 21 U.S.C. section 841(b)(1)(A) for distribution of cocaine base; and 5) his sentence was improperly based on the fact of his prior conviction. (Amended opinion)

Appellate Information

• Argued 12/05/2006
• Decided 06/20/2007
• Published 06/20/2007

Judges

• Before:  M. MARGARET McKEOWN and B. FLETCHER, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Matthew M. Robinson, Robinson & Brandt, P.S.C., Cincinnati, OH, for the defendant-appellant., Jo Ann Farrington, Assistant United States Attorney, Deborah M. Smith, Acting United States Attorney, Anchorage, AK, for the plaintiff-appellee.