United States v. Richard John Barry

BOYCE F. MARTIN, Jr., Chief Judge.

Barry was convicted by a jury of possessing a schedule II controlled substance (Methaqualone) with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).

The District Court denied Barry’s motion to suppress evidence allegedly seized in violation of the Fourth Amendment. The evidence, four bottles containing the controlled substance, was introduced at trial and formed the basis for his conviction. Barry now argues it was error: 1) to deny the suppression motion; and 2) to admit telephone records offered as evidence to show the requisite intent under the…