United States v. Artemio Pena-Torrecillas

MEMORANDUM

Defendant Artemio Pena-Torrecillas was convicted by a jury of drug trafficking, money laundering, and carrying a firearm' in furtherance of a crime. He appeals the district court’s denial of his motion to ..suppress evidence. He also seeks remand in light of an amendment to the Sentencing Guidelines. We affirm.

1. Defendant argues that his motion to suppress wiretap evidence should have been granted because the wiretap applications at issue lacked both probable cause and necessity. We review de novo the denial of his motion to suppress. United States v. Reyna, 218 F.3d 1108, 1110 . (9th Cir. 2000).

We will uphold an issuing judge’s probable cause determination where, looking only to the four 'corners of the wiretap application, there is a substantial basis to support the probable cause finding. United States v. Meling, 47 F.3d 1546, 1552 (9th Cir. 1995). The issuing judge must find probable cause to believe that: (1) an indi.vidual is committing, has committed, or is about to commit specified offenses; (2) communications relevant to that offense will be intercepted - through the wiretap; and (3) the individual who is the focus of the wiretap investigation will use…