Shetler

United States v. Shetler

Caution
665 F.3d 1150·2011 WL 6794021·2011 U.S. App. LEXIS 25901
United States Court of Appeals for the Ninth CircuitDecember 28, 201110-50478California6,905 words

Opinion

Opinion

Reinhardt, J.

Scott Raymond Shetler (“Shetler”) appeals from his conviction for maintaining his residence “for the purpose of manufacturing, distributing, or using” methamphetamine in violation of 21 U.S.C. § 856 (a)(1). Shetler contends that the district court erred in denying his motion to suppress certain inculpatory statements he made to Drug Enforcement Agency (DEA) officials. Because the government did not bear its burden of showing that these statements were not the product of government officials’ concededly illegal searches of Shetler’s home and garage, we reverse his conviction. Shetler further contends that there was insufficient evidence to support his conviction, and that the statute is void for vagueness as applied to him. We conclude that, although the evidence was sparse, it was sufficient to allow a jury to infer that one of the primary or principal uses to which Shetler devoted his property was the manufacture, distribution, or use of methamphetamine. We therefore hold that he is not entitled to a judgment of acquittal on the ground of insufficient evidence. We also reject his void for vagueness argument.

I.

1. Factual Background

At 7:40 p.m. on September 22, 2009,…

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