United States v. Bert William Hunley, III

LAY, Circuit Judge.

Bert William Hunley, III, was found guilty on stipulated facts of possession of a controlled substance with intent to deliver in violation of 21 U.S.C. § 841(a). He was sentenced to four years imprisonment, six months to be served in “a jail-type or treatment institution” and the balance suspended with a two-year parole term. On appeal defendant challenges the district court’s denial of his motion to suppress evidence and attacks the sentence as excessive. We affirm. 1

On January 12, 1975, a search warrant was issued by a state magistrate authorizing the search of Hunley’s…