United States v. James Bryan Hufford, United States of America v. Jerry Martyniuk

OPINION

Before DUNIWAY and TRASK, Circuit Judges, and BATTIN, * District Judge. BATTIN, District Judge.

The defendants were charged with possession with intent to distribute amphetamines, in violation of 21 U.S.C. § 841(a)(1). The defendants filed a motion to quash the search warrant and suppress the evidence. Following an evidentiary hearing; the District Court granted Hufford’s motion to suppress and quash and denied Martyniuk’s motion.

After waiving his right to a jury trial, defendant, Martyniuk, was tried on stipulated facts and found guilty on all counts alleged in the indictment.

Martyniuk…