United States v. Daniel Stewart

Stewart was convicted of possession of methamphetamine with the intent to distribute, pursuant to 21 U.S.C. § 841 (a)(1), and we affirmed his conviction. United States v. Stewart, 595 F.2d 500 (9th Cir. 1979) (per curiam) (Stewart I). Stewart then brought a Motion to Vacate Judgment pursuant to 28 U.S.C. § 2255 . His contention is that the Supreme Court’s decision in Arkansas v. Sanders, 442 U.S. 753 , 99 S.Ct. 2586 , 61 L.Ed.2d 235 (1979) (Sanders), which was decided after his conviction, requires the suppression of certain evidence used against him. The district court denied Stewart’s motion, and he appealed. We affirm.

I

The factual background of this case is detailed in Stewart I, supra, 595 F.2d at 501-02 . In summary, Stewart was involved with two others in the illegal manufacture and sale of methamphetamine. As Stewart and one of his associates arrived at the associate’s home, law enforcement officers were in the process of a house search pursuant to a warrant. Subsequently, his associate was placed under arrest and a personal search revealed a small quantity of fresh methamphetamine. The vehicle in which they arrived was then seized pursuant to 21 U.S.C. § 881 . Without…