United States v. Timothy Dwayne Austin

TACHA, Circuit Judge.

A federal grand jury indicted defendant Timothy Dwayne Austin on September 9, 1993, charging him with possession of drugs with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Defendant moved to suppress the physical evidence obtained by the police. After the district court denied defendant’s motion, he entered a conditional guilty plea reserving his right to appeal the denial of his motion to suppress. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Background

On the evening of June 26, 1993, Daniel Hollis sat at an unoccupied gate in…