United States v. Nolan

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal from convictions on a seven-count indictment, charging both conspiracy and substantive counts of importation and possession of morphine with intent to distribute it, raises two overriding issues: (1) *591the sufficiency of evidence to support the conviction; and (2) whether certain evidence seized incident to the arrest of appellant Charles Nolan, upon which two counts of the indictment depend, must be suppressed because the federal marshals who made the arrest failed to abide by the statutory “knock and announce” requirement, 18 U.S.C. § 8109…