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UNITED STATES v. BARRY

No. 80-5352.

673 F.2d 912 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Richard John BARRY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 19, 1982.

Rehearing Denied May 17, 1982.

Attorney(s) appearing for the Case

David Segal, New York City, J. Brooke Lathram, Burch, Porter & Johnson, Memphis, Tenn., for defendant-appellant.

W. J. Michael Cody, U. S. Atty., Timothy R. DiScenza, Memphis, Tenn., for plaintiff-appellee.

Before EDWARDS, Chief Circuit Judge, MARTIN, Circuit Judge, and FEIKENS, Chief District Judge.

BOYCE F. MARTIN, Jr., Chief Judge.

Barry was convicted by a jury of possessing a schedule II controlled substance (Methaqualone) with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).

The District Court denied Barry's motion to suppress evidence allegedly seized in violation of the Fourth Amendment. The evidence, four bottles containing the controlled substance, was introduced at trial and formed the basis for his conviction. Barry now argues...

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