United States v. Richard Eugene Yerger

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Eugene YERGER, Defendant-Appellant. No. 92-50042. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1993. Decided Nov. 16, 1993. Before: WALLACE, Chief Judge, SNEED and HALL, Circuit Judges. 1 MEMORANDUM * 2 Richard Eugene Yerger ("Yerger") was convicted of conspiracy to possess with intent to distribute marijuana and aiding and abetting possession with the intent to distribute marijuana after law enforcement officials discovered an underground marijuana plantation in a house he built. 3 Sheriff's deputies discovered the operation after an exhaustive search of Yerger's business records, purportedly undertaken pursuant to consent, turned up the address of the house. The critical issue before us is whether the warrantless consent search of Yerger's papers exceeded the scope of the consent given. Because we conclude that the district…