United States v. Michael Gary Whitmire and Donald John Williams

GEE, Circuit Judge:

A district court, sitting without a jury, convicted appellants Michael Whitmire and Donald Williams of possession of marijuana with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Whitmire was also convicted of importation of marijuana in violation of 21 U.S.C. §§ 952(a), 960(a)(1); Williams was acquitted of that charge. On appeal they argue that due process was violated by the trial court’s referral of their motion to suppress evidence to a magistrate under 28 U.S.C. § 636(b)(1)(B). They also challenge the warrantless search that produced the main evidence used…