Diaz-Lopez
United States v. Diaz-Lopez
Opinion
Opinion
919 F.2d 741 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mario DIAZ-LOPEZ, Defendant-Appellant. No. 89-30270. United States Court of Appeals, Ninth Circuit. Submitted Dec. 4, 1990. * Decided Dec. 6, 1990. Before GOODWIN, Chief Judge, and EUGENE A. WRIGHT and NOONAN, Circuit Judges. ORDER 1 Mario Diaz-Lopez pleaded guilty conditionally to a charge of being an illegal alien in possession of two firearms, in violation of 18 U.S.C. Sec. 922 (g). He preserved his right to appeal from an order denying his motion to suppress evidence obtained in the execution of a search warrant not signed by the issuing state judge. 2 In denying his motion, the district judge found the defect immaterial to the warrant's validity and, even if it were technically invalid, the officers could rely in good faith on its effectiveness. The judge cited United States v. Leon, 468 U.S. 897 (1984). He was correct. 3 A Pasco,…