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 decision is here:
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.
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/14/14-50472.pdf
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:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/14/15-50096.pdf
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