United States v. Chancey Fuller

MEMORANDUM

Chancey Terrel Fuller appeals his jury conviction for conspiracy to traffic marijuana, in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 841(b)(1)(A), and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in denying Fuller’s motions to suppress the wiretap evidence. The government’s reliance on an invalid delegation order in its wiretap applications was a minor insufficiency that did not subvert the congressional purpose of Title III of the Omnibus Crime Control and Safe Streets Act of 1968. See United States v. Callum, 410 F.3d 571, 576 (9th Cir.2005); United States v. Swann, 526 F.2d 147, 149 (9th Cir.1975) (per curiam). In addition, the government’s failure to comply with the prescribed minimization requirements does not warrant suppression because the government still “adopt[ed] reasonable measures to reduce to a practical minimum the interception of conversations unrelated to the criminal activity under investigation.” United States v. McGuire, 307 F.3d 1192, 1199 (9th Cir.2002).

The district court also did not clearly err by…