United States v. Arnoldo Farias-Sanchez

MEMORANDUM

Amoldo Farias-Sanchez appeals the district court’s denial of his motion to suppress evidence of drugs and guns found in his apartment. Following the denial of his suppression motion, Farias-Sanchez pled guiity to possession of methamphetamine with the intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(viii), and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). We have jurisdiction under 28 U.S.C. § 1291 . Reviewing the district court’s denial of Farias-Sanchez’s motion to suppress de novo and its underlying findings of fact for clear error, see United States v. Rodgers, 656 F.3d 1023, 1026 (9th Cir.2011), we affirm.

As an initial matter, Farias-Sanchez requests remand for review of a sealed affidavit from a confidential informant, which the state judge relied on in issuing the search warrant. Farias-Sanchez waived his ability to raise this particular issue in his plea agreement. See United States v. Alexander, 761 F.2d 1294, 1303 (9th Cir.1985).

We review de novo whether probable cause existed. Rodgers, 656 F.3d at 1026 . Giving no deference to the issuing state judge, it is clear that…