United States v. Marco Antonio Toral

OPINION

Before ELY and TRASK, Circuit Judges, and VAN PELT, * Senior District Judge. ROBERT VAN PELT, Senior District Judge:

Appellant appeals his conviction of possession of a controlled substance (heroin) with intent to distribute in violation of 21 U.S.C. § 841(a)(1).

He presents three issues for review:

1) Whether the affidavit submitted in support of the search warrant was sufficient to establish probable cause.

2) Whether statements made by the appellant after a proper Miranda warning were tainted by other statements made prior to that warning.

3) Whether the trial court properly refused to…