United States v. Lloyd Dewey Rutherford, Jr.

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lloyd Dewey RUTHERFORD, Jr., Defendant-Appellant. No. 92-30331. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 11, 1993. Before: BROWNING, KOZINSKI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Lloyd Dewey Rutherford, Jr., appeals his conviction, following a conditional guilty plea, for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1) and using a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). Rutherford argues that the district court erred by applying the good faith exception to the exclusionary rule because (1) the magistrate abandoned his judicial role by ignoring a typographical error in the affidavit supporting the search warrant and (2) the affidavit contained no information linking Rutherford's criminal activity to the place to be searched. We…