United States v. Thomas Michael Martinez

PICKETT, Circuit Judge.

Thomas Michael Martinez was charged in a single count indictment with possession of a quantity of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Pretrial motions attacking the validity of the statute and the indictment were filed. There was also a motion to suppress a quantity of marijuana seized in an alleged unlawful search. These motions were all denied. The case was then submitted to the court without a jury upon a stipulation of facts including the use of the evidence offered by the parties at a hearing on a motion to suppress. The court…