United States v. Phong Phan

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 7, 202220-50031California1,379 words

Opinion

Opinion

FILED

NOT FOR PUBLICATION JAN 7 2022

UNITED STATES COURT OF MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

APPEALS FOR THE NINTH CIRCUIT

No. 20-50031

UNITED STATES OF AMERICA,

D.C. No. Plaintiff-Appellee, 2:18-cr-00719-DSF-1 v.

MEMORANDUM*

PHONG PHAN,

Defendant-Appellant.

On Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted November 17, 2021 Pasadena, California

Before: RAWLINSON and LEE, Circuit Judges; KENNELLY, District Judge**. Partial Concurrence and Partial Dissent by Judge KENNELLY.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Matthew F. Kennelly, United States District Judge for the Northern District of Illinois, sitting by designation.

Page 1 of 4 Defendant-Appellant Phong Phan (Phan) appeals from the district court’s

order relying on the inevitable discovery doctrine to deny his motion to suppress.

We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742.

Inevitable discovery…

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