United States v. Larry D. Shipstead, United States of America v. Edward McCollough

Good Law
433 F.2d 368·1970 U.S. App. LEXIS 6822
United States Court of Appeals for the Ninth CircuitOctober 22, 197025722_1California1,848 words

Opinion

Opinion

Thompson, J.

On July 31, 1969, a Special Agent of the Bureau of Narcotics obtained a search warrant from a United States Commissioner in Portland, Oregon, and on that day, as authorized by the warrant, searched the residence, garage and curtilage at 5116 S.W. First Avenue, Portland. The search was for “Methamphetamine which is being manufactured in violation of 21 U.S.C. 331 (q) (1).”

At the time of the search, defendants Shipstead and McCollough were found on the premises with two women, McCollough being then engaged in the manufacture of methamphetamine in the basement of the residence. The agents seized and inventoried numerous articles including chemical apparatus and supplies used or useful for the manufacture of the drug, $1,500 found on the person of defendant Shipstead and miscellaneous articles of personal property. Defendants waived a jury, were tried in a joint trial by the Court, and were found guilty of two counts charging unlawful manufacture of methamphetamine ( 21 U.S.C. § 331 (q) (1)) and possession with intent to sell of a quantity of methamphetamine ( 21 U.S.C. § 331 (q) (3)). Concurrent sentences were imposed on defendant Mc-Collough and consecutive sentences on defendant…

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