United States v. Craig Ogans

MEMORANDUM

Appellant Craig Ogans appeals his conviction and sentence for bank fraud ( 18 U.S.C. § 1344 ) and identity theft (18 U.S.C. § 1028A). The district court denied Ogans’ motion to suppress evidence of thirteen bank cards, recovered during the search of a residence, that formed the evidentiary basis for those counts. Because we conclude that Ogans’ Fourth Amendment rights were not violated, we affirm.

The record supports the district court’s conclusion that Officer Pierucci had lawful access to the cards. Pierucci could search the envelope and read the cards pursuant to the terms of the warrant, which permitted the seizure of cards in the names of Ogans or Joseph Williams. See United States v. Ross, 456 U.S. 798, 820-21 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982). Because the incriminating nature of the cards was immediately apparent to Pieruc-ci, the plain view doctrine justified their seizure. See Minnesota v. Dickerson, 508 U.S. 366, 375 , 113 S.Ct. 2130 , 124 L.Ed.2d 334 (1993).

The fact that Officer DeJesus viewed the cards prior to Pierucci did not render the search unlawful. See United States v. Ewain, 88 F.3d 689, 695 (9th Cir.1996) (holding that “another pair of…