United States v. Robert Osborne

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 28 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10404

Plaintiff-Appellant, D.C. Nos. 4:14-cr-02058-RCC-DTF-1 v. 4:14-cr-02058-RCC-DTF-2 4:14-cr-02058-RCC-DTF

ROBERT C. OSBORNE,

Defendant-Appellee. MEMORANDUM*

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding

Argued and Submitted January 14, 2022 Pasadena, California

Before: WARDLAW, BRESS, and BUMATAY, Circuit Judges. Dissent by Judge BUMATAY

The United States appeals the district court’s suppression of two patient files

that a federal agent allegedly obtained from the Arizona Medical Board. The district

court granted defendant Dr. Robert Osborne’s motion to suppress evidence, but the

court’s order focused on the government’s unlawful search of Dr. Osborne’s office

and did not address whether the two patient files were lawfully obtained from the

* This disposition is not appropriate for…