U.S. v. Miles

In prosecution on drug distribution and firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress drugs and firearms seized from defendant’s home and vehicles, where defendant asserted that warrant issued for said seizures lacked probable cause. Ct. of Appeals found warrant application contained sufficient facts to establish probable cause, where application relied on facts discovered through two controlled drug buys between third-party and confidential source that occurred outside defendant’s home, where reasonable inference of facts in warrant application indicated that third-party obtained drugs from plaintiff’s home prior to delivery of drugs to confidential informant. Fact that confidential informant did not enter into defendant’s home during controlled buys did not require different result. Defendant was entitled, though, to vacatur of one of his two unlawful possession of firearm convictions, where defendant possessed simultaneously two firearms that formed basis for both of his convictions.