United States v. Marcus Hooper

TIMBERS, Circuit Judge:

The United States appeals from an order entered September 19,1990, in the Western District of New York, Richard J. Arcara, District Judge, granting the motion of ap-pellee Marcus Hooper to suppress physical evidence seized from a suitcase.

On September 20, 1989, Marcus Hooper was named in a two count indictment. Count one charged him with possession of cocaine with intent to distribute it in violation of 21 U.S.C. § 841(a)(1) (1988). Count two charged him with carrying a firearm in connection with a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1) (1988). The…