United States v. Victor Wayne Fox

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Victor Wayne FOX, Defendant-Appellant. No. 93-30462. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 4, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Victor Wayne Fox appeals his conviction, which followed his conditional guilty plea to manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Fox claims the district court erred by denying his motion to suppress evidence seized pursuant to an invalid warrant. Fox argues, first, that the warrant was based on an affidavit containing material omissions and misrepresentations, and, second, that the warrant was unconstitutionally overbroad. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. A. Probable Cause 3 A search warrant must be supported by an affidavit establishing probable cause under the totality of the circumstances.…