United States v. Ralph Hatley
Opinion
Opinion
Trott, J.
ORDER
The opinion filed in this case on July 8, 1993, 999 F.2d 392 , is ordered withdrawn. In its place, the opinion that follows is ordered filed.
OPINION
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, Guidelines 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.