United States v. Douglas R. Kerr

Douglas Kerr appeals from his conviction for manufacturing and possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841 . Kerr challenges the district court’s denial of his motion to suppress evidence seized from his premises. Kerr also challenges the sentence imposed by the district court.

BACKGROUND

In April or May 1987, Officer Herbert Royster of the Oregon State Police received an anonymous telephone call which stated that appellant Douglas Kerr was engaged in a marijuana growing operation. The caller provided Kerr’s address, a description of Kerr’s premises and the following information:

The informant also provided Royster with information pertaining to the McGee operation which, according to Royster, could only be known by a person who had firsthand knowledge of the Oregon State Police investigation of McGee. In addition, the informant pointed out a number of similarities between the Kerr and McGee growing operations.

Royster commenced an investigation of Douglas Kerr based upon the information supplied by the anonymous informant. Royster contacted the investigating officer in the McGee case and determined that the information provided by the…