United States v. Kenneth Herbert Linn, A/K/A Dennis Kenneth Long

Kenneth Linn, appellant, was convicted of conspiring to distribute, and of distributing, cocaine in excess of 500 grams, in violation of 21 U.S.C. §§ 846 , 841(a), and 841(b)(1)(B) (counts I and III). Appellant was also convicted of unlawful use of a communications facility, in violation of 21 U.S.C. § 843 (b) (count II). Appellant received a sentence of ten years imprisonment on counts I and III, and four years on count II. The sentences run concurrently.

Linn appeals, claiming (1) illegal search and seizure of evidence from his automobile, (2) insufficient evidence on count II, (3) a right to bifurcation of guilt and forfeiture proceedings, (4) error by denial of severance, (5) improper jury instructions, and (6) unconstitutional sentencing under 21 U.S.C. § 841 (b)(1)(B).

We affirm.

FACTS

On December 3, 1986, the Royal Canadian Mounted Police (RCMP) received detailed information from a confidential informant relating to an incipient cocaine transaction. On the basis of this information, RCMP officers placed Terry Germain under surveillance. Germain was located in West Vancouver, B.C., Canada.

On December 5, 1986, Germain met appellant. Following this meeting, appellant…