United States v. Louis D. Smith

FAHY, Senior Circuit Judge:

Appellant was convicted at a non-jury trial on one count of possession with intent to distribute 309,620 milligrams of marijuana (21 U.S.C. § 841(a)), and on another count of possession of 33 tablets of phencyclidine (21 U.S.C. § 844(a)). He was found not guilty on a third count. His sentence was three years imprisonment on the marijuana count and one concurrent year on the other. The evidence relied upon by the United States at trial was seized during the execution of a search warrant at an apartment leased to and occupied by appellant at the time of the search.…