United States v. Dwight Edward Damitz, United States of America v. Harry Louis Varvil

OPINION

DUNIWAY, Circuit Judge:

Varvil and Damitz appeal from their convictions at a non-jury trial of conspiracy to possess with intent to distrib ute and possession with intent to distribute quantities of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). We affirm.

Appellants’ arguments on appeal concern the validity of a search warrant, the validity of the seizure of a notebook, and the sufficiency of the evidence.

I. Validity of the Search Warrant The search warrant was issued on the basis of an affidavit sworn to by one Larry Dean Annas on November 21, 1972. Annas had been…