United States v. Darrell Paul Bertrand, United States of America v. John Owen Rapae

John Owen Rapae and Darrell Paul Bertrand were convicted of various federal narcotics offenses. They appeal the district court’s denial of their motions to suppress evidence, its application of the United States Sentencing Guidelines, and its holding that the Guidelines are constitutional. We affirm.

FACTS AND PROCEEDINGS BELOW

On May 16, 1989, Bertrand, Rapae and a third defendant were indicted on charges of: (1) conspiring to manufacture, possess with intent to distribute, and distribute controlled substances; (2) manufacturing methamphetamine; (3) possessing with intent to distribute methamphetamine; and (4) manufacturing marijuana. 21 U.S.C. §§ 841 (a)(1), 846, 853 (1988), and 18 U.S.C. § 2 (1988). The third defendant pleaded guilty to count four and cooperated with the government. Bertrand pleaded guilty to all four counts, reserving his right to appeal the denial of the pretrial motions. Rapae tried his case to a jury and was convicted of counts 1 through 3 and acquitted of count 4.

This appeal arises from the following facts.

Based on firsthand observations and information provided by three informants, the Clackamas County Sheriff’s Office believed defendants were…