United States v. Garth W. Kunkler

679 F.2d 187 UNITED STATES of America, Plaintiff-Appellee, v. Garth W. KUNKLER, Defendant-Appellant. No. 80-1710. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1981. Decided June 8, 1982. Douglas Brown, San Diego, Cal., for defendant-appellant. Eve D. Bermingham, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Southern District of California. Before ELY, FLETCHER, and REINHARDT, Circuit Judges. ELY, Circuit Judge: 1 In a bench trial on stipulated facts, appellant Garth Kunkler was convicted of conspiring to possess with the intent to distribute, and aiding and abetting the distribution of, a controlled substance in violation of 18 U.S.C. § 2 ; 21 U.S.C. §§ 841 (a)(1), 846. Kunkler asserts a variety of errors on appeal, relating for the most part to the admission at his trial and over his objection of evidence discovered in the course of the seizure 1 and search of his residence. We affirm. FACTS 2 In early 1980 Drug Enforcement Administration (DEA) agents were conducting an undercover investigation in Yuma, Arizona, attempting to infiltrate the higher levels of a cocaine…