United States v. Dwight Edward Damitz, United States of America v. Harry Louis Varvil

Varvil and Damitz appeal from their convictions at a non-jury trial of conspiracy to possess with intent to distrib ute and possession with intent to distribute quantities of marijuana, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B). We affirm.

Appellants’ arguments on appeal concern the validity of a search warrant, the validity of the seizure of a notebook, and the sufficiency of the evidence.

I. Validity of the Search Warrant The search warrant was issued on the basis of an affidavit sworn to by one Larry Dean Annas on November 21, 1972. Annas had been arrested at approximately 9:00 p. m. on November 20 on charges of illegally selling heroin. He agreed to cooperate with the arresting agents, saying that he would take them to a cabin in North Bend, Washington, which he believed to contain approximately 500 pounds of marijuana. He told the agents that he had seen marijuana in the cabin previously, that he had recently transported for Varvil in a 1965 Cadillac a trunkful of marijuana bricks, and that he believed the marijuana was being stored in the cabin. He also gave the agents two marijuana bricks which he said that he had taken from the Cadillac and kept for…