United States v. Daniel James Fowlie

Opinion by Judge REINHARDT.

In this appeal we consider Daniel James Fowlie’s challenges to the lawfulness of his extradition, the propriety of certain proceedings before the grand jury, the rejection of his motion to suppress evidence, the exclusion of certain evidence he sought to introduce at trial, the denial of his motion for a continuance, and the sentence imposed by the district court. In light of the government’s concession that the district court erred in sentencing Fowlie for both a continuing criminal enterprise and a lesser-included offense, we vacate Fowlie’s conviction on count 2, conspiracy to possess marijuana with intent to distribute. Because we find that Fowlie’s other claims lack merit, we affirm his convictions on counts 1,12-14, and 20.

I. Factual Background and Proceedings

Between 1981 and 1986 appellant Fowlie built and oversaw an organization that delivered tons of Mexican marijuana throughout the United States and Canada. Fowlie’s organization was dealt a serious blow in March 1985 when Orange County (California) Sheriff’s Department officers executed a search warrant at his California ranch and seized certain property. The officers seized rolls of…