United States v. Robert Elzay Depew

Appellant Robert Elzay Depew was convicted of manufacturing marijuana, 21 U.S.C. §§ 841 (a)(1) and 841(b), possession of a firearm in relation to a drug trafficking crime (the manufacture of marijuana), 18 U.S.C. § 924 (c), and possession of an unregistered gun, 26 U.S.C. §§ 5861 (d) and 5845(a)(5) & (e). Depew contends that the district court erred on several grounds, including the denial of his motion to suppress. We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 . We conclude that the district court erred in denying the motion to suppress; accordingly, we reverse the conviction and remand.

I

During the winter of 1990, the Idaho Department of Law Enforcement was engaged in an investigation of illegal marijuana production and sale. The primary subject was a Martin Levine. Interviews regarding Levine’s operations led investigators to an individual by the name of Joseph Tajan. Tajan informed investigators that a man nicknamed “Pepe” had assisted Levine in establishing his marijuana growing operation.

Law enforcement officials discovered that Depew allegedly used the alias “Pepe” and had previously been convicted of manufacturing marijuana. Agents located…