United States v. John Joseph Barone, Jr.

*119ENGEL, Circuit Judge.

John J. Barone, Jr. was convicted of possessing cocaine with intent to distribute it and of conspiring to distribute that drug, in violation of 21 U.S.C. §§ 841(a)(1) and 846. In his direct appeal he raises three issues. He challenges the validity of a search warrant for his residence, claiming that the underlying affidavit contained material misrepresentations of fact made by its affi-ant and that it was insufficient to establish probable cause for the search. He claims that the grand jury system was abused by the government because the indictment was issued solely upon…