United States v. Stephen Francis McLaughlin United States of America v. Michael Lawrence Miller, United States of America v. Michael William Coyne

Defendants Stephen McLaughlin, Michael Miller and Michael Coyne were found guilty of possession with intent to distribute 378 pounds of marijuana in violation of 21 U.S.C. 841(a)(1). The defendants waived a trial by jury and submitted the matter upon signed stipulation to the district court judge. They allege in this appeal that the lower court erred in denying their motion to suppress evidence and their motion to reveal the identity of the informant. -

We affirm the actions of the lower court.

On July 2, 1974, special agents of the Drug Enforcement Agency received a tip from a confidential source that McLaughlin was from time to time disbursing quantities of narcotics, marijuana and cocaine from his home. On July 5, 1974, this same source advised that a quantity of marijuana would be removed from McLaughlin’s house during that day. This source previously had given accurate information regarding narcotics buyers on four separate occasions.

Surveillance of the McLaughlin residence began at approximately noon on July 5, 1974. At approximately 1:45 p. m. a pickup truck arrived at the residence and a package taken therefrom was placed in the truck. After some evasive…