UNITED STATES of America, Plaintiff-Appellee, v. Leslie James THOMPSON, AKA: Lester J. Thompson, Defendant-Appellant

Good Law
81 F.3d 877·96 Daily Journal DAR 4428·1996 WL 180210·1996 U.S. App. LEXIS 8003·96 Cal. Daily Op. Serv. 2680
United States Court of Appeals for the Ninth CircuitApril 17, 199695-50162California1,679 words

Opinion

Opinion

Nelson, J.

I

Lester Thompson pled guilty to possession with intent to distribute methamphetamine ( 21 U.S.C. § 841 (a)(1)) and unlawful use of a facility in interstate commerce to facilitate an unlawful activity ( 18 U.S.C. § 1952 (a)(8)). The district court sentenced Thompson to, among other things, sixty months of incarceration. Thompson appeals the sentence imposed.

II

During the week of December 31,1993, the Winston-Salem North Carolina Police Department received an anonymous tip that an individual named “Gerald” was receiving packages of crystal methamphetamine from California. The anonymous caller further advised that the packages were being sent from California to North Carolina via Federal Express or United Parcel Service.

On January 7, 1994, a canine trained in narcotics detection alerted on a Federal Express package sent by L. Thompson of Riverside, California, to Gerald Pena of Winston-Salem, North Carolina. The Federal Express package was delivered to Pena on that same day and, pursuant to a state search warrant, was searched by the Winston-Salem Police Department. The search revealed the presence of approximately 149.73 grams of methamphetamine.

On November 29, 1994, an…

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