United States v. Raymond Luna

MEMORANDUM

This appeal consolidates Anthea Abay-ari’s, Samoset Galvan’s, Wilfred Garcia’s, Robert Meyer’s, and Raymond Luna’s (Defendants-Appellants) challenges to their convictions, and the government’s cross-appeal of the sentences imposed on Luna and Corey Gonzales. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (b). We affirm the convictions, vacate the sentences imposed on Luna and Gonzales, and remand to the district court for re-sentencing.

1. The district court did not err in denying Garcia’s motion to suppress evidence gathered from the search of Garcia’s cell phone. Detective Wolfe was aware that Garcia was subject to warrantless searches pursuant to California Penal Code § 3067 at the time he searched Garcia’s cell phone. United States v. Caseres, 533 F.3d 1064, 1075-76 (9th Cir.2008). Thus, the cell phone search was a constitutional parole search.

2. The district court did not err in denying Defendants-Appellants’ motion to suppress all wiretap evidence on the basis that the initial wiretap order lacked particularity. When the wiretap order is considered as a whole, United States v. Spillone, 879 F.2d 514, 517 (9th Cir.1989), it only…