United States v. Sonnie Davis v. Kevin Davis, United States of America v. Kevin Davis
Opinion
Opinion
Shubb, J.
I. OVERVIEW
This case involves a conspiracy to distribute heroin and an attempt to kill a potential government witness. Sonnie Davis appeals the denial of a motion to suppress evidence supporting his conviction for possession with intent to distribute heroin in violation of 21 U.S.C. § 841 (a)(1). He argues the evidence supporting the conviction should have been suppressed as the fruit of an unlawful search. Kevin Davis appeals his conviction for attempting to prevent a witness from testifying in a federal case in violation of 18 U.S.C. § 1512 (a). He contends procedural errors and a lack of sufficient evidence against him provide bases for reversing his conviction. The United States cross-appeals Kevin Davis’ sentence arguing the district court failed to sentence him under the appropriate guideline. For the reasons set forth below, we affirm the district court with respect to the appeals of Sonnie and Kevin Davis, and reverse on the sentencing issue in favor of the United States.
II. FACTS AND PROCEDURE
In the Spring of 1987, Oakland Police Department narcotics officers began an investigation of Sonnie Davis. The investigation resulted in the issuance of a search warrant,…