United States v. Robert Lee Gray

Appellant was convicted of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) (1976). He contends that his conviction was based on evidence attributable to a warrantless arrest and search which should have been suppressed and on a statement of stipulated facts which was obtained without a proper waiver of his trial rights. We conclude that appellant’s contentions are without merit and affirm the conviction.

I.

FACTS

On the morning of December 15, 1977, Agent Cameron of the Drug Enforcement Administration learned through an informant, Frederick Surprison, that appellant had cocaine for sale. Cameron instructed Surprison to go to appellant’s residence and discuss a possible sale. At about 1:15 p. m. Surprison telephoned Cameron to report that he had visited appellant at appellant’s residence in South Lake Tahoe, California, and had seen about six ounces of cocaine in plastic bags that were themselves contained in a larger paper bag. Cameron and several other DEA agents then drove from Reno, Nevada to South Lake Tahoe, and at about 4:00 p. m., they began surveillance of appellant’s house. Two agents also contacted the district…