Friday, October 28, 2022

US v. Saelee, No. 20-10209 (10/11/22)(Collins w/Nguyen & Burgess). The 9th affirmed convictions for attempted possession of ecstasy and conspiracy. The 9th find the “independent source” doctrine permitted evidence to come in despite 4th amendment violations (the warrant was issued minutes after the violations based on previous information). The 9th also held evidence was sufficient evidence to support the convictions. Co-conspirator statements were not hearsay and admission of other evidence, such as showing a photo of a wad of money, and testimony about ammunition, were not erroneous nor prejudicial. 

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/11/20-10209.pdf

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