United States v. Kenneth King

COLE, J. (pp. 754-55), delivered a separate concurring opinion. DAVID A. NELSON, J. (pp. 755-56), delivered a separate dissenting opinion.

CLAY, Circuit Judge.

Defendant, Kenneth King, appeals from the judgment of conviction and sentence entered by the district court on June 18, 1998, pursuant to Defendant’s conditional guilty plea to two counts of possession with intent to distribute crack cocaine within 1000 feet of a school yard in violation of 21 U.S.C. § 841(a) and § 860, wherein Defendant reserved the right to challenge the district court’s denial of his motion to suppress the evidence.…