United States v. Eric Arthur Walton, 56 F.3d 551 (4th Cir. 1995). · Go Syfert
United States v. Eric Arthur Walton, 56 F.3d 551 (4th Cir. 1995). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …attenuated"); united states v. cherry, 330 f.3d 658, 665 (4th cir.2003) ( ⚠ not in text
58 citation events (43 in the last 25 years) across 23 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Trey Campbell
4th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
the only question . . . is whether a conviction . . . for 'using the public telephone system in committing, causing and facilitating a controlled substance offense' . . . can be considered 'a controlled substance offense' for purposes of u.s.s.g. 4b1.1.
discussed Cited as authority (verbatim quote) United States v. Williams
3rd Cir. · 1999 · quote attribution · 1 verbatim quote · confidence high
the distribution of cocaine is clearly a controlled substance offense' . . . .
discussed Cited as authority (rule) United States v. Mitchell Banks
4th Cir. · 2024 · confidence medium
On the second prong, we follow Franks v. Delaware, 438 U.S. 154 (1978), and “examine[] the search warrant affidavit absent the illegally-obtained information, to determine whether the untainted portion of the affidavit set forth probable cause.” United States v. Walton, 56 F.3d 551, 554 (4th Cir. 1995).
discussed Cited as authority (rule) Smith Jr. v. City of Chicago, The
N.D. Ill. · 2024 · confidence medium
See, e.g., Draper v. Reynolds, 369 F.3d 1270, 1281 (11th Cir. 2004) (judge’s impartiality could not be reasonably questioned on the basis of his previous affiliation 15 years earlier with a law firm in which defendant’s counsel worked); United States v. Walton, 56 F.3d 551, 556 (4th Cir. 1995) (finding that a judge who had worked at a law firm representing the defendant in four marijuana-related cases approximately 20 years prior to defendant’s current indictment for marijuana use could preside without violating Section 455(a) because the judge’s connection to the defendant was too “…
discussed Cited as authority (rule) Pippins v. United States
S.D.W. Va · 2022 · confidence medium
See United States v. Norman, 935 F.3d 232, 239 (4th Cir. 2019) (citing United States v. Kennedy, 32 F.3d 876, 888 (4th Cir. 1994); United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995); United States v. Brandon, 363 F.3d 341, 345 (4th Cir. 2004)).
discussed Cited as authority (rule) Barker v. United States
N.D.W. Va. · 2022 · confidence medium
See United States v. Norman, 935 F.3d 232, 239-41 (4th Cir. 2019) (citing United States v. Brandon, 363 F.3d 341, 345 (4th Cir. 2004); United States 43 BARKER v. UNITED STATES 1:19CV134/1:16CR31-1 MEMORANDUM OPINION AND ORDER DENYING PETITIONER’S § 2255 PETITION, DISPOSING OF MOTIONS RELATED TO PETITIONER’S § 2255 PETITION, DENYING DEFENDANT’S MOTION FOR COMPASSIONATE RELEASE, AND DISPOSING OF DEFENDANT’S PRO SE CRIMINAL MOTIONS v. Walton, 56 F.3d 551, 555 (4th Cir. 1995); United States v. Kennedy, 32 F.3d 876, 888 (4th Cir. 1994)).
cited Cited as authority (rule) Chavez-Lopez v. United States
W.D.N.C. · 2020 · confidence medium
See, e.g., United States v. Brandon, 363 F.3d 341, 345 (4th Cir. 2004); United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995).
cited Cited as authority (rule) Davis v. United States
W.D.N.C. · 2020 · confidence medium
See, e.g., United States v. Brandon, 363 F.3d 341, 345 (4th Cir. 2004); United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995).
cited Cited as authority (rule) United States v. Thomas Norman
4th Cir. · 2019 · confidence medium
See United States v. Kennedy, 32 F.3d 876, 888 (4th Cir. 1994); United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995); United States v. Brandon, 363 F.3d 341, 345 (4th Cir. 2004).
cited Cited as authority (rule) United States v. Christopher Davis
4th Cir. · 2019 · confidence medium
United States v. Kennedy, 32 F.3d 876, 888 (4th Cir. 1994); see also United States v. Brandon, 363 F.3d 341, 345 (4th Cir. 2005); United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995).
discussed Cited as authority (rule) United States v. Alejandro Chavez-Lopez
4th Cir. · 2019 · confidence medium
See United States v. Brandon, 363 F.3d 341, 345 (4th Cir. 2004); United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995); United States v. Meadows, No. 04-4396, 2006 WL 521706 , at *3 (4th Cir. Mar. 3, 2006); United States v. Mullins, No. 97-4257, 1998 WL 614191 , at *1 (4th Cir. Sept. 12, 1998); United States v. Massie, No. 95-5564, 1997 WL 107743, at *2 (4th Cir. Mar. 12, 1997). 12 Although McCollum and Whitley are on point, Kennedy and subsequent cases cast enough doubt on Chavez-Lopez’s argument that any error isn’t clear or obvious enough to be plain.
cited Cited as authority (rule) United States v. Jacques Agent
4th Cir. · 2019 · confidence medium
United States v. Walton, 56 F.3d 551, 554 (4th Cir. 1995).
cited Cited as authority (rule) United States v. Robert Hill
4th Cir. · 2015 · confidence medium
See, e.g., Bullard, 645 F.3d at 244-45 ; United States v. Walton, 56 F.3d 551, 554 (4th Cir.1995).
discussed Cited as authority (rule) United States v. Siciliano
1st Cir. · 2009 · confidence medium
See United States v. Hobbs, 509 F.3d 353, 362 (7th Cir.2007) (officers writing affidavit at the same time unlawful search occurred); United States v. Walton, 56 F.3d 551, 554 (4th Cir.1995) (officers “had been preparing the search warrant affidavit for several days prior to the garage entry, and added the observations from that illegal entry *75 only at the last moment”). 8 From the fact that the officers were actively preparing a search warrant affidavit, as well as other facts, the courts inferred that the officers would have acquired the warrant even if the unlawful search had not occur…
discussed Cited as authority (rule) State v. Garcia
Utah Ct. App. · 2007 · confidence medium
We will not address a legal argument raised for the first time on appeal when the opposing party did not have notice that it should have presented evidence below to respond to that *1268 legal argument. 4 Therefore, we do not consider the officers' alleged fllegal entry on appeal; rather, we continue with the Framks analysis. 118 Courts have construed Franks to apply to illegally obtained evidence referenced in a search affidavit See United States v. Walton, 56 F.3d 551, 554 (4th Cir. 1995) (noting that the trial court appropriately followed the Franks doctrine when it "examined the search war…
discussed Cited as authority (rule) United States v. Srivastava
D. Maryland · 2006 · confidence medium
See also United States v. Williams, 400 F.3d 1023, 1025 (7th Cir.2005)(independent source doctrine applied because there was no causal link between the warrantless search of defendant’s residence and decision to seek a warrant); United States v. Walton, 56 F.3d 551, 554 (4th Cir.1995)(reasoning that a lengthy prior investigation of the defendant demonstrated the necessary attenuation and independent basis of probable cause to apply the independent source doctrine); United States v. Curtis, 931 F.2d 1011, 1014 (4th Cir.1991), cert. denied, 502 U.S. 881 , 112 S.Ct. 230 , 116 L.Ed.2d 186 (1991)…
discussed Cited as authority (rule) United States v. Ezequiel Orihuela
11th Cir. · 2003 · confidence medium
This rea *1305 soning was most succinctly expressed by the Fourth Circuit in United States v. Walton, 56 F.3d 551, 555-556 (4th Cir.1995) as follows: We believe that Walton’s offense of “us[ing] the public telephone system in committing, causing and facilitating ... the distribution of cocaine and the conspiracy to distribute cocaine,” constitutes the aiding and abetting of a § 4B1.2(2) offense, and therefore qualifies as a “controlled substance offense.” The distribution of cocaine is clearly a § 4B1.2(2) offense, and using the telephone system in facilitating the distribution of …
cited Cited as authority (rule) United States v. Henson
4th Cir. · 2002 · confidence medium
Murray v. United States, 487 U.S. 533, 542 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988); United States v. Walton, 56 F.3d 551, 554-56 (4th Cir.1995).
discussed Cited as authority (rule) Ford v. Bank of America
10th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Walton, 56 F.3d 551, 556 (4th Cir. 1995) (concluding that representation of defendant in the 1970s by a law firm at which judge had worked as a senior partner constituted “an attenuated connection” between the judge and the defendant that did not warrant recusal under § 455).
discussed Cited as authority (rule) United States v. Abdul Williams
3rd Cir. · 1999 · confidence medium
Stated differently, where a particular § 843(b) conviction establishes that the defendant “committ[ed],” “caus[ed],” or “facilitated]” one of the acts enumerated in § 4B1.2(2), that conviction qualifies as a “controlled substance offense” for purposes of determining career offender status. 3 The three Courts of Appeals that have confronted this issue have reached similar conclusions. 4 See United States v. Mueller, 112 F.3d 277, 280-83 (7th Cir.1997) (“By its plain terms, the underlying elements of 21 U.S.C. § 843 (b) constitute a ‘controlled substance, offense.’ ”);…
cited Cited as authority (rule) United States v. Arias
S.D.W. Va · 1997 · confidence medium
Murray v. United States, 487 U.S. 533, 542 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988); United States v. Walton, 56 F.3d 551, 553-54 (4th Cir.1995).
discussed Cited as authority (rule) United States v. Rogers (2×) also: Cited "see"
4th Cir. · 1997 · confidence medium
The government does not challenge this ruling. 4 issued warrant, although initially discovered during a search follow- ing an illegal entry, is admissible so long as `the search pursuant to warrant was in fact a genuinely independent source of the information and tangible evidence at issue.'" Walton v. United States, 56 F.3d 551, 554 (4th Cir. 1995) (quoting Murray, 487 U.S. at 542 ).
cited Cited as authority (rule) United States v. William Mueller
7th Cir. · 1997 · confidence medium
Id., 999 F.2d at 1329 . 4 The Fourth Circuit considered the same argument in United States v. Walton, 56 F.3d 551, 555-56 (4th Cir.1995), and- reached the same conclusion.
discussed Cited as authority (rule) United States v. Conner
N.D. Iowa · 1996 · confidence medium
Other courts have applied a more formal two-part test: In order for evidence to remain admissible after execution of a search warrant based, in part, on a prior illegal séarch, “(1) the warrant must be supported by probable cause derived from sources independent of the illegal entry; and (2) the decision to seek the warrant may not be prompted by information gleaned from the illegal conduct.” United States v. Johnson, 994 F.2d 980, 987 (2d Cir.), cert. denied, 510 U.S. 959 , 114 S.Ct. 418 , 126 L.Ed.2d 364 (1993); accord United States v. Hassan, 83 F.3d 693, 695 (5th Cir. 1996) (applying …
discussed Cited as authority (rule) McClelland v. Gronwaldt
E.D. Tex. · 1996 · confidence medium
Although cases from this Circuit and others provide little guidance for interpreting the requirement that the prior representation concern the same “matter in controversy,” the fact that the alleged fraud and bad faith in this case relate to Mobil Oil Corporation’s workers’ compensation program is not sufficient to make the ease the same “matter in controversy.” E.g., Dixie Carriers, Inc. v. Channel Fueling Service, Inc., 669 F.Supp. 150, 151 (E.D.Tex.1987) (that two suits may have some facts in common does not make them the same “matter in controversy” for purposes of section …
discussed Cited "see" Sibounheuang v. United States
W.D.N.C. · 2022 · signal: see · confidence high
See United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995) (noting that there was “no question” that a § 841(a)(1) conviction was a controlled substance offense); United States v. Whitley, 737 F. App’x 147 , 149 (4th Cir. 2018) (noting that there was no dispute that distributing and possessing with intent to distribute a controlled substance qualifies as a controlled substance offense).
discussed Cited "see" United States v. Jeffery Havis
6th Cir. · 2019 · signal: see · confidence high
That may be true even if the prior crime is federal distribution and may involve only ordinary “attempted transfer.” 21 U.S.C. § 802 (8), (11); see United States v. Walton, 56 F.3d 551, 555 (4th Cir. 1995) (holding that distributing drugs, in violation of § 841(a)(1), counts as a controlled substance offense); United States v. Govan, 293 F.3d 1248, 1250 (11th Cir. 2002) (per curiam) (same).
discussed Cited "see" United States v. Havis
6th Cir. · 2019 · signal: see · confidence high
That may be true even if the prior crime is federal distribution and may involve only ordinary "attempted transfer." 21 U.S.C. § 802 (8), (11) ; see United States v. Walton , 56 F.3d 551 , 555 (4th Cir. 1995) (holding that distributing drugs, in violation of § 841(a)(1), counts as a controlled substance offense); United States v. Govan , 293 F.3d 1248 , 1250 (11th Cir. 2002) (per curiam) (same).
discussed Cited "see" George Leon Phelps, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2009 · signal: see · confidence high
See United States v. Walton, 56 F.3d 551, 554 (4th Cir. 1995) (“In assessing whether the [illegally-obtained] information affected the decision to issue the warrant,” the search warrant affidavit must be examined “absent the illegally-obtained information, to determine whether the untainted portion of the affidavit set forth probable cause.”); United States v. Gillenwaters, 890 F.2d 679, 681 (4th Cir. 1989) (the inclusion of tainted data did not invalidate a search warrant “when the affidavit’s other averments set forth probable cause”); United States v. Whitehorn, 813 F.2d 646, …
discussed Cited "see" United States v. Hanhardt
N.D. Ill. · 2001 · signal: see · confidence high
See United States v. Walton, 56 F.3d 551, 553-54 (4th Cir.1995) (reasoning that a lengthy prior investigation of the defendant demonstrated the necessary attenuation and independent basis of probable cause to apply the independent source doctrine).
discussed Cited "see, e.g." United States v. Roberto Castillo
9th Cir. · 2023 · signal: see also · confidence low
Id. at 387.4 However, before Kisor was decided, the majority of the remaining circuits agreed with our decisions in Vea- Gonzales and Crum that because Application Note 1 was consistent with the “controlled substance offense” guideline, courts would defer to it, making inchoate offenses “controlled substance offenses.” See United States v. Piper, 35 F.3d 611, 617 (1st Cir. 1994); United States v. Jackson, 60 F.3d 128, 131 (2d Cir. 1995); United States v. Hightower, 25 F.3d 182, 187 (3d Cir. 1994), overruled by Nasir, 17 F.4th 459 ; United States v. Mendoza-Figueroa, 65 F.3d 691 , 692�…
discussed Cited "see, e.g." Kolon Industries, Inc. v. E.I. Du Pont De Nemours & Co.
E.D. Va. · 2012 · signal: see also · confidence low
See also United States v. Walton, 56 F.3d 551 (4th Cir.1995) (finding that a judge who had worked at a law firm representing the defendant in marijuana-related cases approximately 20 years prior to the defendant’s current indictment for marijuana-use could preside without violating §§ 455(a) or (b) because the judge’s connection to the defendant was "attenuated”); United States v. Cherry, 330 F.3d 658, 665 (4th Cir.2003) ("[A] presiding judge need not recuse himself simply because he possesses some tangential relationship to the proceedings.”); Horatio Clark Ford, III v. Bank of Amer…
discussed Cited "see, e.g." E.I. du Pont de Nemours & Co. v. Kolon Industries, Inc.
E.D. Va. · 2012 · signal: see also · confidence low
See also United States v. Walton, 56 F.3d 551 (4th Cir.1995) (finding that a judge who had worked at a law firm representing the defendant in marijuana-related cases approximately 20 years prior to the defendant’s current indictment for marijuana-use could preside without violating §§ 455(a) or (b) because the judge’s connection to the defendant was "attenuated”); United States v. Cherry, 330 F.3d 658, 665 (4th Cir.2003) ("[A] presiding judge need not recuse himself simply because he possesses some tangential relationship to the proceedings.”); Horatio Clark Ford, III v. Bank of Amer…
discussed Cited "see, e.g." United States v. Jadlowe
1st Cir. · 2010 · signal: see, e.g. · confidence medium
See, e.g., United States v. Walton, 56 F.3d 551, 554 (4th Cir.1995) (noting that agents had been preparing the search warrant affidavit for several days before an unlawful garage entry); United States v. Ford, 22 F.3d 374, 378 (1st Cir. 1994) (noting that, prior to unlawful entry, police had told defendant of intent to obtain a warrant).
discussed Cited "see, e.g." United States v. Jadlowe
1st Cir. · 2010 · signal: see, e.g. · confidence medium
See, e.g., United States v. Walton, 56 F.3d 551, 554 (4th Cir. 1995) (noting that agents had been preparing the search warrant affidavit for several days before an unlawful garage entry); United States v. Ford, 22 F.3d 374, 378 (1st Cir. 1994) (noting that, prior to unlawful entry, police had told defendant of intent to obtain a warrant).
discussed Cited "see, e.g." United States v. Black
E.D.N.C. · 2007 · signal: see also · confidence medium
See id.; see also United States v. Walton, 56 F.3d 551, 552-56 (4th Cir.1995) (that the federal judge had been a partner in a firm in the 1970s and his law firm represented defendant in four drug cases was too attenuated to trigger recusal under section 455(a) or section 455(b)(2); the judge was appointed in 1990 and the defendant was indicted on drug charges in 1994); accord United States v. Cherry, 330 F.3d 658, 665-66 (4th Cir.2003).
discussed Cited "see, e.g." United States v. Donte Pitt
4th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., United States v. Walton, 56 F.3d 551, 554 (4th Cir. 1995) (holding that affidavit submitted in support of application for search warrant stated probable cause even without information obtained through unlawful entry); United States v. Gillenwaters, 890 F.2d 679, 681-82 (4th Cir. 1989) (same); see generally Franks v. Delaware, 438 U.S. 154, 171-72 (1978) (examining affidavit submitted in support of application for search warrant for probable cause after discounting false statement).
discussed Cited "see, e.g." State v. Winkler
N.D. · 1997 · signal: see, e.g. · confidence medium
See, e.g., United States v. Walton, 56 F.3d 551, 554 (4th Cir.1995) (Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978)) approach applicable, i.e., must examine search warrant absent illegally obtained information to determine whether untainted portion of affidavit set forth probable cause.
cited Cited "see, e.g." United States v. David
E.D. Va. · 1996 · signal: see also · confidence medium
See also, United States v. Walton, 56 F.3d 551, 554 (4th Cir.1995); United States v. Curtis, 931 F.2d 1011 (4th Cir.1991).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Eric Arthur WALTON, Defendant-Appellant
94-5580.
Court of Appeals for the Fourth Circuit.
Jun 7, 1995.
56 F.3d 551
ARGUED: Thomas A. Bergstrom, Philadelphia, PA, for appellant. Paul Thomas Camilletti, Asst. U.S. Atty., Wheeling, WV, for appellee., ON BRIEF: William D. Wilmoth, U.S. Atty., Sam G. Nazzaro, Asst. U.S. Atty., Wheeling, WV, for appellee.
Russell, Luttig, Phillips.
Cited by 46 opinions  |  Published

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge RUSSELL and Senior Judge PHILLIPS joined.

OPINION

LUTTIG, Circuit Judge:

Following the discovery of 160 pounds of marijuana in his garage, and another seven pounds in his home, appellant Eric Arthur Walton was convicted of, inter alia, aiding and abetting in the possession with intent to[*553] distribute marijuana within 1000 feet of a school, in violation of 21 U.S.C. § 860, and conspiracy to possess with intent to distribute and to distribute marijuana, in violation of 21 U.S.C. § 846. Because of his prior record of drug-related offenses, he received life sentences for both convictions. Walton appeals, claiming that both convictions were tainted by the introduction of unlawfully-obtained evidence, and that the life sentence on the conspiracy count was the product of an incorrect application of the guidelines. We find no merit in either argument, and therefore affirm Walton’s convictions and sentences.

I.

Walton’s two evidentiary challenges relate to the same set of facts, which we briefly review here. Walton was suspected of being a large-scale drug distributor and had been under surveillance by local and federal law enforcement officials since 1992. In connection with this investigation, agents, on October 28, 1993, began trailing a motor home from California. This motor home was to end its journey in Wheeling, West Virginia, where Walton resides. In El Paso, Texas, agents observed various individuals loading heavy suitcases (which, the agents concluded, contained drugs) into the motor home. The motor home left El Paso on October 31 and arrived in Wheeling on November 3. Throughout the journey, its driver executed counter-surveillance driving maneuvers.

Once the motor home arrived in Wheeling on November 3, agents observed an individual exit the motor home with a pink bag, which appeared to weigh between five and ten pounds and contain brick-shaped objects, and enter a motel room. A different individual later exited the motel room with what appeared to be the same bag, and drove to Walton’s house at 112 Virginia Street in Wheeling.

Later on November 3, agents observed an individual load heavy suitcases from the motor home into a blue Oldsmobile. The following day, Walton drove the blue Oldsmobile across Wheeling and into his garage on Kentucky Street. At this point, law enforcement officials knew, on account of their continuous surveillance from Texas, that suitcases apparently containing drugs were in the trunk of the Oldsmobile in the garage.

Sometime later, as the agents were observing the garage, they saw Walton exit another car and walk toward the garage. The agents arrested Walton at this point, and, fearing that those inside the garage had observed the arrest and might destroy evidence, knocked on the door of the garage. When an occupant of the garage opened the door, the agents entered and observed bricks of marijuana stacked inside.

Following this entry, which the district court later declared to have been illegal, the agents secured the premises and obtained search warrants for the garage, the blue Oldsmobile, and Walton’s home. In their application for the three warrants, the agents mentioned that they had entered the garage and seen “bricks of what appeared to be marijuana stacked against the opposite wall [of the garage].” J.A. at 65. Pursuant to the warrants, the agents ultimately seized 160 pounds of marijuana from Walton’s garage, and seven pounds from his house. [1]

A.

Walton contends that the evidence seized in the garage, [2] including the 160 pounds of marijuana, should have been suppressed because the evidence was initially discovered by agents during their illegal entry into the garage. Accepting, for purposes of this appeal, the district court’s ruling that the initial warrantless entry into the garage was not supported by exigent circumstances, we conclude that the district court properly admitted the evidence found therein on the authority of Murray v. United States, 487[*554] U.S. 533, 108 S.Ct. 2529, 101 L.Ed.2d 472 (1988).

In Murray, the Court held that evidence seized pursuant to a subsequently issued warrant, although initially discovered during a search following an illegal entry, is admissible so long as “the search pursuant to warrant was in fact a genuinely independent source of the information and tangible evidence at issue.” Id. at 542, 108 S.Ct. at 2536. A search pursuant to warrant is not a “genuinely independent search,” the Court stated, “if the agents’ decision to seek the warrant was prompted by what they had seen during the initial entry, or if information obtained during that entry was presented to the Magistrate and affected his decision to issue the warrant.” Id. (footnote omitted); see also United States v. Campbell, 945 F.2d 713, 715-16 (4th Cir.1991).

The district court correctly found that under the criteria set forth in Murray, the evidence seized in Walton’s garage was the product of a genuinely independent search. First, the officers’ decision to seek a warrant authorizing the search of Walton’s garage was assuredly not prompted by their observation of marijuana during their unlawful entry into the garage. Agents had been investigating Walton for over a year, had been observing the movements of his travel-ling co-conspirators for several days, and had followed a trail of marijuana from El Paso to Walton’s garage. Indeed, agents had been preparing the search warrant affidavit for several days prior to the garage entry, and added the observations from that illegal entry only at the last moment.

Second, although the information obtained during the unlawful entry was presented to the magistrate in the search warrant application, that information did not affect the magistrate’s decision to issue the warrant, as Murray requires. See Murray, 487 U.S. at 542, 108 S.Ct. at 2535-36. In assessing whether the information affected the decision to issue the warrant, the district court, appropriately following Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), examined the search warrant affidavit absent the illegally-obtained information, to determine whether the untainted portion of the affidavit set forth probable cause. See United States v. Gillenwaters, 890 F.2d 679, 681-82 (4th Cir.1989) (employing Franks approach in Murray context); United States v. Markling, 7 F.3d 1309, 1315-17 (7th Cir.1993) (same); United States v. Herrold, 962 F.2d 1131, 1141-43 (3rd Cir.), cert. denied, — U.S. -, 113 S.Ct. 421, 121 L.Ed.2d 344 (1992) (same). The court concluded that the affidavit in this case provided “substantially more than a ‘fair probability’ that contraband or evidence of a crime would have been found in the garage and the vehicle.” J.A. at 47. We find the district court’s ruling to be unassailable, and reject Walton’s view that “[b]ut for the agentsf] observations of marijuana stacked within the garage against the wall, there was no probable cause to search the garage.” Appellant’s Br. at 13. The investigation of Walton for one year, culminating in the observation of a drug-laden car entering his garage, provided probable cause to believe that drugs would be found within the garage.

Because the information obtained during the illegal entry of the garage affected neither the agents’ decision to seek the warrant nor the magistrate’s decision to issue it, the evidence seized in the garage was properly admitted under Murray.

B.

Walton also argues that all evidence — including seven pounds of marijuana — discovered in a search of his residence at 112 Virginia Street should have been excluded. He concedes that “the search of 112 Virginia Street was pursuant to a warrant, untainted by the prior illegal garage entry,” but contends that “there is a complete lack of probable cause justifying this warrant and entry.” Appellant’s Br. at 14.

When the search warrant affidavit is considered in its totality, it is clear that the warrant to search Walton’s home was supported by probable cause: although the affidavit did not state that drugs had at any point been delivered to Eric Walton or into[*555] the 112 Virginia Street residence, it did state that officers had witnessed an individual, apparently carrying drugs in a pink bag, get into a car and drive over to Walton’s house. Walton, of course, was a known drug offender. It also stated that the following day, agents had observed Walton approaching his separate garage, into which a car apparently containing drugs had entered. This gave the magistrate probable cause to believe that Walton was associated with the individuals who apparently were distributing drugs, and that controlled substances, drug paraphernalia, and transaction records might be found at 112 Virginia Street.

II.

Walton next challenges the life sentence he received on his conviction under 21 U.S.C. § 846. [3] The court imposed a life sentence because it concluded that Walton qualified as a “career offender” under U.S.S.G. § 4B1.1. [4] For the reasons that follow, we reject Walton’s argument that he is not a “career offender.”

The sentencing guidelines provide that a defendant is to be considered a “career offender,” if

(1) the defendant was at least eighteen years old at the time of the instant offense, (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

U.S.S.G. § 4B1.1. Walton was 42 years old when he was arrested, and his § 846 conviction in this case was for a controlled substance offense. Moreover, there is no question that one of Walton’s prior convictions — a 1978 conviction for distributing marijuana, in violation of 21 U.S.C. § 841(a)(1) — was for a controlled substance offense. The only question, therefore, is whether his 1985 conviction (on a guilty plea) for “us[ing] the public telephone system in committing, causing and facilitating the commission of felonies under 21 U.S.C. §§ 841(a)(1) and 846, that is, the distribution of cocaine and the conspiracy to distribute cocaine,” J.A. at 141 (presentence report reciting contents of § 843(b) information), in violation of 21 U.S.C. § 843(b), [5] can be considered “a controlled substance offense” for purposes of U.S.S.G. § 4B1.1.

Guideline 4B1.2(2) defines “controlled substance offense” as

an offense under a federal or state law prohibiting the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute or dispense.

The commentary to § 4B1.2 expands the definition of “controlled substance offense” to include “the offenses of aiding and abetting, conspiring, and attempting to commit such offense[].” U.S.S.G. § 4B1.2 Commentary Application, n. 1. Thus, the aiding or abetting of an offense described in § 4B1.2(2) is also considered a “controlled substance offense.”

We believe that Walton’s offense of “us[ing] the public telephone system in committing, causing and facilitating ... the distribution of cocaine and the conspiracy to distribute cocaine,” constitutes the aiding and abetting of a § 4B1.2(2) offense, and therefore qualifies as a “controlled substance offense.” [6] The distribution of cocaine is clear[*556] ly a § 4B 1.2(2) offense, and using the telephone system in facilitating the distribution of narcotics is equivalent to aiding and abetting that distribution. Walton’s § 843(b) conviction therefore was properly considered a “controlled substance offense” by the district court.

III.

Walton’s final contention is that the district judge abused his discretion by refusing to recuse himself from the case. We find no merit in this claim, as it is based on the fact that Walton had been represented by the law firm of Schrader, Stamp, Miller and Recht in four controlled substance cases in the 1970s, at a time when Chief Judge Stamp was a senior partner in the firm. Such an attenuated connection between judge and defendant is not enough to trigger 28 U.S.C. § 455, which requires that a judge recuse himself “[w]here in private practice [the judge or a partner of his] served as a lawyer in the matter in controversy,” or “in any proceeding in which his impartiality might reasonably be questioned” (emphasis added). Chief Judge Stamp therefore rightly declined to recuse himself.

CONCLUSION

For the foregoing reasons, we affirm Walton’s convictions and sentences.

AFFIRMED.

1

. When agents entered Walton's house, they found Walton's wife attempting to flush marijuana down the commode.

2

. The evidence seized in the garage was vital to the government's case, because it was the garage that was within 1000 feet of a school, and thus it was the marijuana in the garage that produced the § 860 conviction and mandatory life sentence.

3

. Walton does not challenge the life sentence he received on the § 860 conviction. The district court imposed this sentence pursuant to 21 U.S.C. § 841(b)(1)(A), which provides a mandatory life sentence for a defendant convicted of violating § 860 if the defendant has two or more prior convictions for "felony drug offenses.” Walton does not dispute that he has two prior convictions for "felony drug offenses,” as defined in § 841(b)(1)(A).

4

. Walton’s career offender status raised his offense level to 37, and his criminal history category to VI; this combination calls for a sentence of 360 months to life on the sentencing table.

5

. 21 U.S.C. § 843(b) prohibits "knowingly or intentionally ... us[ing] any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this [control and enforcement] subchapter ... of this [drug abuse and prevention] chapter.”

6

. Under our opinions in United States v. Johnson, 953 F.2d 110 (4th Cir.1991), and United States v. [*556] Neal, 27 F.3d 90, 93 (4th Cir.1994), we may look to the indictment as well as the statutory description of the offense in determining whether a given conviction counts toward career offender status under § 4B1.1.