Lococo

United States v. Lococo

Good Law
511 F.3d 956·2007 WL 4532100
United States Court of Appeals for the Ninth CircuitDecember 26, 200705-50550, 05-50552, 05-50590, 05-50721, 05-50722California682 words

Opinion

Opinion

Defendants pled guilty to conspiring to possess and distribute cocaine. We consider the government’s application for the wiretap on which its case was built, an allegation of prosecutorial misconduct and the constitutionality of defendants’ sentences.

1. The wiretap application describes the investigative techniques the police tried and explains how they failed: Confidential informants were either incarcerated, unwilling to testify or else distrusted by the targets; efforts to recruit other informants failed; and attempts to gather evidence by other means&emdash;includ-ing direct and hidden surveillance, trash searches and searches of paroled gang members’ homes&emdash;yielded nothing. Defendants haven’t shown any basis to doubt the application’s representations. “Law enforcement officials need not exhaust every conceivable investigative technique before seeking a wiretap order.” United States v. Staves, 383 F.3d 977, 982 (9th Cir.2004). The district court didn’t abuse its discretion in finding that the application justified the wiretap.

2. Defendants haven’t shown that the wiretap application contained false statements or material omissions, so there was no need for a hearing…

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