United States v. James H. Spikes (96-3899) Marilyn Smith (96-3660)

GILMAN, Circuit Judge.

James H. Spikes and Marilyn Smith, who lived together in Spikes’s residence along with their five children, were arrested by the police following a search of the residence in August of 1995. In a two-count indictment, the government charged Spikes and Smith with possessing crack cocaine with the intent to distribute, and charged Spikes with being a felon in possession of a firearm.

After the district court denied a motion to suppress the evidence seized at the residence, Smith entered a conditional guilty plea to possessing crack cocaine, with the intent to distribute.…