UNITED STATES of America, Plaintiff-Appellee, v. Dennis Lee DAVIS, Defendant-Appellant
Opinion
Opinion
Thompson, J.
Dennis Lee Davis appeals his jury conviction for distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1); conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846; and use of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1).
Davis contends the district court erred by denying his motion to suppress evidence seized during the search of his apartment. He claims the search was conducted before agents obtained a search warrant. He further contends the district court improperly instructed the jury on his “government authorization” theory of defense. Finally, he argues there was insufficient evidence to support his conviction for use of a firearm during and in relation to a drug trafficking offense.
We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
FACTS
At trial, the evidence showed that a confidential informant told DEA Special Agent Richard McConnell that Davis was selling large amounts of methamphetamine. Agent McConnell instructed the confidential informant to arrange a meeting between himself and Davis.