United States v. Sammy Don Blalock
Opinion
Opinion
East, J.
THE APPEAL:
The defendant-appellant Sammy Don Blalock (Blalock) appeals his judgment of conviction and sentence to custody entered by the District Court on November 8, 1976 for heroin trafficking in violation of 21 U.S.C. § 841 (a)(1). We note jurisdiction under 28 U.S.C. §§ 1291 and 1294, and affirm.
PROCEEDINGS IN THE DISTRICT COURT:
Blalock was indicted by a grand jury on one count charging possession of heroin with intent to distribute in violation of § 841(a)(1). Blalock moved to suppress as evidence heroin recovered, pursuant to a search warrant, from a locked black metal box previously seized within Blalock’s business premises. The District Court denied the motion. Blalock waived jury trial and the District Court tried and convicted Bla-lock upon written stipulated facts based upon evidence developed at the hearing upon the motion to suppress. Blalock is at liberty upon bail.
ISSUES ON REVIEW:
Blalock presents eight questions; however, we are satisfied that the following issues are the decisive issues on review:
1. Whether the arrest of Blalock within his business premises was lawful.
2. Whether the warrantless seizure of a locked black metal box from Blalock’s…