U.S. v. Musgraves

In prosecution on drug and firearms charges, Dist. Ct. did not err in denying defendant’s motion to suppress evidence seized from his home pursuant to search warrant issued by state court judge, even though defendant argued that search warrant was not supported by probable cause. State court lacked probable cause to issue warrant based upon affidavit from first confidential informant, where said informant described drug purchase that occurred 11 months prior to warrant application, and where police failed to give court any information regarding informant’s criminal history. However, affidavit of second informant provided sufficient probable cause to issue warrant, where said informant had no criminal history and provided testimony regarding recent drug-related incidents involving defendant. Record, though, failed to support jury’s guilty verdict on: (1) drug conspiracy charge, where record only showed buyer-seller relationship, and govt. failed to show that defendant either bought or sold drugs on credit; and (2) felon in possession of firearm and drug distribution charges stemming from incident in which third-party was found in possession of both items, since govt. was unable to show that defendant had possessed either item at time alleged in indictment.