United States v. Arthur L. Hollis

Caution
490 F.3d 1149·2007 WL 1760701·2007 U.S. App. LEXIS 14467
United States Court of Appeals for the Ninth CircuitJune 20, 200705-30611California3,733 words

Opinion

Opinion

Schwarzer, J.

AMENDED OPINION

Arthur Hollis (Hollis) was sentenced to 240 months’ imprisonment after a jury convicted him of distribution of cocaine base and maintaining drug-involved premises in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(1)(A) and 21 U.S.C. §§ 856 (a)(1) & (b), respectively. He challenges his conviction and his sentence, contending that evidence of sales by Hollis to a government informant prior to the charged sale should not have been admitted, that evidence seized from his apartment should have been suppressed, that the evidence that he used two apartments to manufacture crack was insufficient to sustain his conviction on those counts, that he was improperly sentenced under 21 U.S.C. § 841 (b)(1)(A) for distribution of cocaine base, and that his sentence was improperly based on the fact of his prior conviction. We find his contentions to be without merit and affirm.

FACTUAL AND PROCEDURAL HISTORY

Anchorage police arranged with a local drug dealer to assist in the investigation and prosecution of other drug dealers. The cooperating witness had purchased substantial quantities of crack from Hollis on prior occasions. Police arranged a rendezvous for the witness to purchase…

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