The opinion of the court was delivered by: JOYNER
Defendants Atif Sami and Reginald Bailey were charged with violations of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, namely knowing and intentional possession with intent to distribute, and aiding and abetting the possession and intent to distribute a controlled substance. Defendant Bailey was also charged with weapons possession in violation of 18 U.S.C. 922(g)(1).
After a non-jury trial, this court determined that the Government had not proven its case beyond a reasonable doubt against Defendant Sami, but had proven its case against Defendant Bailey, and we made these determinations on the record. Nevertheless, pursuant to Fed. R. Crim. P. 23(c), we also make the following findings of fact and conclusions of law.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. On September 20, 1995, at approximately 4:00 P.M., members of the Philadelphia District Attorney's Office Narcotics Unit executed search warrant number 72819 at 5920 Chestnut Street in Philadelphia, Pennsylvania.
2. Upon entering the property, Det. Meissler apprehended Defendant Bailey who was on the second floor, and who was leaving the kitchen area after Det. Meissler announced that the police was present.
3. Defendant Sami was apprehended while seated at the dining room table.
4. At that table, the police found various items, namely, a plastic bag with a white substance and a bowl containing other powder, as well as scales, empty packets, and bowls containing residue. In addition, the police recovered a plastic bag with 27 packets of a green leafy substance and another bag with approximately 60 grams of the same substance on a hutch in the dining room area.
5. The police also recovered scales, empty packets, tally paper, razor blades, a strainer, and a hand-held coffee grinder in the dining room area.
6. A firearm was recovered near the table at which Defendant Sami was seated, and additional weapons were found in the living room and bathroom.
7. From the living room area, the police recovered currency, unused syringes, a scale, and a heat sealer.
8. From the rear bedroom, the police recovered a metal box containing three plastic bags of white powder, a bottle containing a white ...