Fernandez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-50595 Plaintiff-Appellee, v.  D.C. No.

CR-03-01249-DSF

RAMON SANCHEZ FERNANDEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted February 5, 2008—Pasadena, California

Filed May 27, 2008

Before: Alfred T. Goodwin, Diarmuid F. O’Scannlain, and William A. Fletcher, Circuit Judges.

Opinion by Judge O’Scannlain COUNSEL

G. David Haigh, Santa Ana, California, argued the cause for the defendant-appellant and filed a brief.

Christopher Brunwin, Assistant United States Attorney, Los Angeles, California, argued the cause for the plaintiff- 6018 UNITED STATES v. FERNANDEZ appellee and filed a brief; George S. Cardona, United States Attorney, and Thomas P. O’Brien, Assistant United States Attorney, Chief, Criminal Division, were on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether evidence obtained from an autho- rized wiretap investigation must be…