UNITED STATES of America, Plaintiff-Appellee, v. Darryl E. JACKSON, Defendant-Appellant

Good Law
84 F.3d 1154·96 Daily Journal DAR 6110·1996 WL 277409·44 Fed. R. Serv. 803·1996 U.S. App. LEXIS 11928
United States Court of Appeals for the Ninth CircuitMay 28, 199695-30211California3,776 words

Opinion

Opinion

Wright, J.

Jackson was convicted of possession of cocaine base with intent to distribute and conspiracy to possess cocaine base with intent to distribute. On appeal he complains of several trial errors and argues that his sentence is unconstitutional. We affirm.

FACTS

In October 1994, the Spokane police orchestrated several drug transactions in which their confidential informant (“Cl”) bought crack cocaine from Steven Brown. On October 19, Brown’s girlfriend, Angela Brasch, dropped him off at a gas station for another transaction. The Cl was expecting Brown to give him crack in exchange for a handgun, but Brown demurred, saying he had to replenish his drug supply. He offered instead to give the Cl cash for the gun. They made the trade, then Brown was arrested. He told the police they could find Brasch at Tracy Nowacki’s apartment.

The police found Brasch sitting with Jackson in Brown’s car outside Nowacki’s apartment. While the police watched, Jackson went into the apartment and came out again. After he returned, they searched the ear and found a bag containing 4.3 grams of cocaine. They arrested Brasch and Jackson.

With Nowacki’s consent, the police searched the apartment. They found…

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