United States v. Clinton Halbert
Opinion
Opinion
MEMORANDUM
Clinton Halbert and Wright Halbert, father and son, appeal their convictions by a jury for the manufacture of marijuana and conspiracy to manufacture marijuana. Clinton and Wright also appeal separately on issues relating to their trial and sentencing. We affirm the district court on all issues raised on appeal.
Common Issues
1. The warrantless “sneak and creep” entry by agents of the United States Drug Enforcement Agency onto the Halberts’ property was not an illegal search in violation of the Fourth Amendment because the agents never entered the curtilage of the Halberts’ homes. United States v. Dunn, 480 U.S. 294, 301-03 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987); United States v. Davis, 530 F.3d 1069, 1077-79 (9th Cir.2008).
2. The district court did not clearly err by issuing either of the two search warrants in this case, or by denying the Halberts’ motion to suppress evidence and their request for a Franks hearing. First, the magistrate judge had a substantial basis for finding probable cause in the supporting affidavits to issue the two search warrants. United States v. Jennen, 596 F.3d 594, 598 (9th Cir.2010). Therefore, there was no Fourth Amendment…