United States v. Shy Heath (99-6550) and Carmen Horton (99-6549)

OPINION

DAMON J. KEITH, Circuit Judge.

Defendants-Appellants Shy Heath and Carmen Horton (“Defendants”) pled guilty to conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846, and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). The defendants entered their respective plea agreements contingent upon their ability to appeal the district court’s denial of their motions to suppress evidence discovered pursuant to a warrant-less stop of Heath and subsequent search of Horton’s apartment. For the reasons that follow, we REVERSE the…