United States v. Richard Conn

MEMORANDUM

Richard Lee Conn (“Conn”) pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1), and was sentenced to 235 months in custody. Conn appeals, challenging the denial of his motions to suppress evidence and to dismiss the indictment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court correctly determined that the search warrant for 2200 West Shoshone # B 36 was supported by probable cause to believe that evidence of a narcotics crime would be found therein. The confidential informant involved in the affidavit, who had been shown to be reliable on prior occasions, conducted two controlled purchases of narcotics. To complete each purchase, the informant and the target went to Conn’s apartment building, and the target entered the building and returned with the narcotics. These movements were observed by law enforcement, confirming the informant’s statements in the affidavit. During the second purchase, an officer observed the target exiting the defendant’s apartment. The search warrant was thus supported by probable cause. United States v. Ocampo, 937 F.2d 485, 490 (9th Cir.1991) (“Probable cause…