United States v. Larry C. Smith, Etc., United States of America v. Marshall Carter, Etc.

BRIGHT, Circuit Judge.

Appellants Larry Smith and Marshall Carter appeal from their convictions for possessing, with intent to distribute, heroin and cocaine in violation of 21 U. S.C. § 841(a) 1 Circuit Judge Heaney, sitting by assignment, presided over appellants’ jury trial. District Judge Larson, however, heard and decided a pretrial motion to suppress items of physical evidence seized under the authority of a search warrant. The propriety of Judge Larson’s decision on this pretrial motion constitutes one of the principal issues for our consideration on this appeal.

Appellant Smith 2 makes…