United States v. Booker T. Shanks, Also Known as Willie Shanks

FLAUM, Circuit Judge.

Booker T. Shanks (“Shanks”) was convicted by a jury of (1) knowingly and intentionally possessing with the intent to distribute heroin and of (2) knowingly and intentionally possessing with the intent to distribute heroin, within 1,000 feet of a school, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 860(a), respectively. Shanks filed a pretrial motion to dismiss count one, for the reason that it was multiplicitous of the charged conduct in count two, and to suppress evidence obtained through a warrant-less search of his garbage. Although the district court denied…