United States v. Chester Linden Morton

Good Law
19 F.3d 31·1994 WL 58992·1994 U.S. App. LEXIS 12129
United States Court of Appeals for the Ninth CircuitFebruary 25, 199492-50335California2,046 words

Opinion

Opinion

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Chester Linden MORTON, Defendant-Appellant. No. 92-50335. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1993. Decided Feb. 25, 1994. Before: TANG, D.W. NELSON, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Chester Morton appeals from his conviction following trial by jury on two counts of possessing methamphetamine with the intent to distribute in violation of 21 U.S.C. Sec. 841 (a)(1). We affirm both the conviction and sentence. I. Search Warrants A. The Informant 3 We reject Morton's argument that the affidavit in support of the search warrants was facially deficient because it lacked any information to support the allegation that the informant was reliable. The mere fact that Mrs. Ware had not previously been a police informant does not, in and of itself, lead to the conclusion that she is unreliable. As for Morton's contention that the…

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