United States v. Duskin Claude Becker

Opinion by Judge FERNANDEZ.

Duskin Claude Becker appeals his conviction following a court trial for one count of conspiracy to manufacture, possess with intent to distribute, and distribute methamphetamine in violation of 21 U.S.C. § 846 and two counts of manufacture of a controlled substance (methamphetamine) under 21 U.S.C. § 841 (a)(1).

The sole issue we address in this opinion is whether the district court erred when it denied his motion to suppress which was premised on a violation of knock and announce requirements. We conclude that it did. We reverse and remand for a new trial.

BACKGROUND FACTS

On April 22, 1989, law enforcement agents executed searches at the residences of Jerry Donald Stewart and Ricky Lee Andrus. During those searches, they discovered an active methamphetamine lab, methamphetamine manufacturing equipment and chemicals, methamphetamine and methamphetamine sludge, a methamphetamine recipe, cash and jewels. Apparently in connection with their followup investigation of Stewart, government agents paid a visit to the Becker household on May 9, 1989. They were allowed in and met with him and his wife. The agents felt that he had a belligerent, hostile and…