United States v. David Lee Baldwin

David Lee Baldwin appeals his conviction on one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B) (1988), and two counts of dis tributing cocaine in furtherance of the conspiracy, in violation of 21 U.S.C. § 841 (a)(l)-(b)(l)(C) (1988). He argues that his residence was searched pursuant to an invalid warrant, that the district court improperly instructed the jury on the conspiracy charge, and that his trial counsel was ineffective. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

Eugene Kubera and Ricardo Garza were arrested on July 27, 1990, as they tried to complete a drug deal in a hotel parking lot. Baldwin was arrested later that day in connection with that transaction. His home was then searched, and a triple beam scale, a small mirror, and a small brown vial were seized. These items were admitted at trial, over Baldwin’s objection. Baldwin and Garza were tried jointly. Garza was convicted, but the jury hung as to Baldwin. Baldwin was then reindicted and convicted.

I. SEARCH WARRANT

Baldwin argues that the district court erred by denying his motion to suppress evidence seized during the execution of the search warrant. He…