United States v. Ralph Hatley

Ralph G. Hatley appeals his conviction for three counts of distribution of cocaine and one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1) (1988). Hatley alleges on appeal that a search by police officers of an automobile that turned out to be inoperable violated his Fourth Amendment rights, and that the fruits of that search should therefore have been suppressed. Hatley also contends he was entitled to a two-level reduction under the Sentencing Guidelines for being a minor participant. United States Sentencing Commission, Guid elines Manual, § 3B1.2 (Nov. 1991).

The district court, heard pretrial motions on December 12, 1991 and denied appellant’s motion to suppress evidence. Appellant waived his right to a jury trial and the case was tried to the court on stipulated facts. The district court found appellant guilty on all four counts and sentenced him to 51 months in prison based on a Guideline range of 51 to 63 months.

I

An informant purchased one-sixteenth ounce of cocaine from appellant on three separate occasions. Following the three “controlled buys,” the informant arranged to purchase one-half pound of cocaine from the…