Vasquez

United States v. Vasquez

Good Law
654 F.3d 880·2011 WL 3559934·2011 U.S. App. LEXIS 16837
United States Court of Appeals for the Ninth CircuitAugust 15, 201110-50336California2,916 words

Opinion

Opinion

RYMER, J.

Before: PAMELA ANN RYMER, RICHARD C. TALLMAN, and SANDRA S. IKUTA, Circuit Judges.

RYMER, Circuit Judge:

Miguel Vasquez was found guilty after a bench trial of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g). On appeal, he challenges his conviction and sentence. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 and affirm.

On October 17, 2008, the government sought and obtained a warrant to search the home of Miguel Vasquez and seize evidence of violations of the Racketeer Influenced and Corrupt Organizations (RICO) statute, 18 U.S.C. § 1962 . The affidavit accompanying the search warrant was common to the search of 121 residences of members of the Mongols Motorcycle Club, a motorcycle gang engaged in racketeering activity, including murder, drug trafficking, robberies, hate crimes, and theft of motorcycles.

According to the affidavit, at the top of the Mongols organization was the "Mother Chapter," which directed the activities of the local chapters. Officers, specifically the president, vice-president, secretary/treasurer, and sergeant-at-arms, led the local chapters. The affiant noted that "the Mongols are…

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