United States v. Leo Klein

Appellant, Leo Klein, was convicted of conspiracy to distribute cocaine, under 21 U.S.C. § 846 , and of possession with intent to distribute cocaine in excess of five hundred (500) grams, under 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B) (Supp. IV 1986). He was sentenced to five years imprisonment on each count, these terms to run concurrently.

Klein argues: (1) that his arrest was without probable cause and required a warrant, (2) that the search of his vehicle and “cutting open” of a package found therein required a warrant, (3) that the government failed to prove knowledge of possession of more than 500 grams of cocaine, and (4) that the five-year mandatory minimum sentence, imposed under 21 U.S.C. § 841 (b)(1)(B), unconstitutionally violates the eighth amendment, separation of powers, due process and equal protection.

We affirm.

I

On December 3, 1986, Canadian law enforcement officers learned, from a reliable informant, that a transaction would occur involving one or two kilograms of cocaine within the week. The informant identified a prospective participant in this exchange, Terry Germain.

On December 5, 1986, while under surveillance, Germain met appellant’s code-fendant,…