United States v. Joseph Anthony Ruggio

978 F.2d 717 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph Anthony RUGGIO, Defendant-Appellant. No. 91-30392. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1992. Decided Oct. 27, 1992. Before BEEZER, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Joseph Anthony Ruggio was indicted on April 18, 1991 on one count of manufacturing and possessing with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1) (1988). The indictment was based on evidence seized pursuant to a search warrant. Ruggio pled guilty and now appeals, arguing the affidavit in support of the search warrant was based on stale and hearsay information that lacked veracity and reliability, and the affidavit did not establish probable cause. We affirm. 3 * Generally "[a] magistrate's task in issuing a search warrant is 'simply to make a practical, common-sense decision whether, given all the…