United States v. Rick Schlotzhauer

MEMORANDUM

In these consolidated appeals, Appellants contend that the district court erred in denying their joint pretrial motions to suppress evidence and for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), and in failing to address each of their pretrial motions individually. Appellant Rick Schlotzhauer (“Rick”) also contends that his sentence violates the Eighth Amendment and that the increase in the mandatory minimum sentence applicable to him based on judicial-fact-finding of a prior felony offense violated his Fifth and Sixth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

First, Appellants contend that the government agents violated their Fourth Amendment rights when the agents posed as real estate purchasers and toured a property that Appellants had hired a realty company to sell. We review de novo a district court’s denial of a motion to suppress. United States v. Meek, 366 F.3d 705, 711 (9th Cir.2004). The district court did not err in denying Appellants’ suppression motion. Appellants’ decision to open the property to public view by listing it for sale with the realty…