United States v. Rene Antoine Guy, United States of America v. Kenneth Ray Barnes

Appellants Guy and Barnes were arrested by Washington authorities during a search of their apartment. Deputies found in Barnes’ pocket a receipt for a safe, including the safe’s serial number and combination. The serial number matched that of a safe found in appellants’ bedroom. On top of the safe, the deputies found a gram scale; on the floor in front of the safe they found a shotgun. The deputies seized the safe, obtained a second search warrant, and opened the safe to find $2,500 in cash and approximately 900 grams of cocaine base. A quantity of marijuana was also found in the bedroom.

The state charged Guy and Barnes with possession of marijuana and cocaine with intent to deliver. They pled guilty to the marijuana charge in return for dismissal of the cocaine charge.

Based on the same nucleus of conduct, Guy and Barnes were subsequently indicted and convicted in federal court of conspiracy to distribute cocaine, possession of a sawed-off shotgun, possession of more than 50 grams of cocaine base with intent to distribute, and knowing use of a firearm in relation to a drug trafficking crime.

Guy and Barnes appeal their convictions asserting four errors: (1) the federal trial…