Wednesday, March 15, 2017

1.  United States v. Job, No. 14-50472 (3-14-17)(Friedman w/Tashima and Paez).  The 9th reversed the denial of a suppression motion, vacated a conviction, affirmed a conspiracy conviction, made sentencing rulings, and remanded for resentencing.  This case concerned a meth conspiracy and possession with intent to distribute. 

The search of the defendant was supposedly conducted under a probation waiver of 4th amendment rights.  However, the officers conducted the search of person and car without knowing of the defendant's probationary status or the waiver.  As to the search of person and car search, the 9th found it unreasonable, and not falling under Terry. As such, the evidence was suppressed.  This had the effect of vacating the possession with intent conviction.  The conspiracy conviction was affirmed, however, because independent evidence supported it.

As for sentencing, the district court failed to make findings as to three objections.  This concerned the importation of meth, the use of a home for production of meth, and the toxic discharge.  All three were enhancements.  The 9th found that the government did not produce evidence for such enhancements.  The sentence was vacated and remanded.

The decision is here:


2.  United States v. Rodriguez, No. 15-50096 (3-14-17)(Friedman w/Tashima and Paez).  The 9th affirmed the drug convictions.  The 9th held that the district court acted within its discretion in finding that the wiretap was necessary.  The sentence was vacated and remanded because the district court failed to allow the defendant to challenge the 851 prior convictions that led to an enhancement.

The decision is here: