United States v. Timothy Pitts

Appellant, Timothy Pitts, appeals his conviction for two counts of cocaine distribution in violation of 21 U.S.C. § 841 (a)(1) (1988). Appellant argues on appeal that the district court erred when it denied his motion to suppress evidence obtained from his residence on September 27, 1991 pursuant to a search warrant. He also argues the court erred when it admitted evidence, pursuant to Federal Rule of Evidence 404(b), of his arrest on March 3, 1991 for possession of two sawed off shotguns. Finally, appellant argues the district court erred when it increased appellant’s offense level by two points pursuant to United States Sentencing Guidelines § 2D1.1(b)(1) (Nov. 1991) for possession of a dangerous weapon.

The district court had jurisdiction over this case pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this case pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Appellant was charged with four counts of cocaine distribution alleged to have occurred “during the fall of 1990,” January, 1991, May 29,1991, and July 31,1991. The jury acquitted on the first two counts.

The government’s chief witness against defendant was Maria Alexa Mirabueno. Mira-bueno testified that she…