United States v. Micky Joe Vaandering, United States of America v. Jeffrey Wayne McMillan

Micky Joe Vaandering appeals his jury conviction and sentence under the Sentencing Guidelines for conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 . Jeffrey Wayne McMillan appeals his jury conviction and sentence under the Sentencing Guidelines for conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and possession of methamphetamine in violation of 21 U.S.C. § 844 (a). We affirm.

I

Background

On August 31,1992, Officer Arnold submitted an affidavit in support of an application for a search warrant of Vaandering’s property. The affidavit included statements by informants Susan Slay, Daniel Feldt, Kelly Grimmett, and Tina McClure. The affidavit also incorporated a separate affidavit signed by Deputy Spang on July 19, 1991.

On September 1, 1992, police officers conducted searches of the residences of Vaan-dering and McMillan. Vaandering, McMillan, and codefendants Dunlap and Churchill were at Vaandering’s residence when the search was executed. The police discovered…