United States v. Tomi Mann, United States of America v. James F. Pollender

Following a jury trial, Tomi Mann and James F. Pollender (“Appellants”), were each convicted of three counts of conspiring to manufacture methamphetamine, possessing with intent to distribute methamphetamine, and possessing listed chemicals with intent to manufacture methamphetamine. 21 U.S.C. §§ 841 (a)(1), 841(c), 846. Appellants were each convicted of possessing an unregistered “pen gun” in violation of 26 U.S.C. §§ 5861 (d) and 5845(e), and Pollender was convicted of possessing two firearms while being a convicted felon, in violation of 18 U.S.C. § 922 (g)(1). In addition, Appellants were convicted of two counts of possessing a firearm in furtherance of their drug trafficking conspiracy, in violation of 18 U.S.C. § 924 (c).

Pollender appeals the district court’s denial of his timely motion to suppress evidence seized during a search of his rural campsite, alleging that, despite his repeated requests, the searching officers failed to present him with a copy of the search warrant at the scene. In the alternative, he argues that the evidence should be suppressed because the search warrant violated the Fourth Amendment’s particularity requirement. Both Mann and Pollender appeal…