United States v. Jimmy Luong

MEMORANDUM

Defendant Jimmy Luong (“Defendant”) was convicted of conspiracy to manufacture 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 846 , 841(a)(1) and 841(b)(1)(A), and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). Defendant appeals from the district court’s denial of his motion to suppress evidence derived from the Government’s wiretap of his cell phone, and from the search of an automobile he was driving. Defendant contends that: (1) the Government’s affidavit in support of its wiretap application failed to establish the requisite “necessity”; (2) the affidavit im-permissibly relied on material misrepresentations and omissions; and (3) the Government lacked probable cause to search Defendant’s vehicle. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. “[W]e review the issuing judge’s decision that the wiretap was necessary for an abuse of discretion.” United States v. Blackmon, 273 F.3d 1204, 1207 (9th Cir.2001). “Title III [of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2518 (1)(c),] prohibits…