United States v. Kenneth Herbert Linn, A/K/A Dennis Kenneth Long
Opinion
Opinion
Beezer, J.
The opinion of the court, reported at 862 F.2d 735 (9th Cir.1988), as well as the order and opinion filed July 10, 1989, are withdrawn. The following opinion is filed in their place.
The petition for rehearing is denied.
On Appeal From the United States District Court for the Western District of Washington.
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…