United States v. Shawn Patrick Rogers

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Shawn Patrick ROGERS, Defendant-Appellant. No. 93-30464. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Decided Dec. 6, 1994. 1 Before: D.W. NELSON, FLETCHER, and RYMER Circuit Judges. 2 MEMORANDUM * 3 Defendant-Appellant Shawn Patrick Rogers ("Rogers") appeals his conviction pursuant to 21 U.S.C. Sec. 841 (a)(1), for the manufacturing of marijuana. Rogers contends that the district court erred in denying his motion to suppress evidence, and in finding that probable cause existed in the affidavit to support a search warrant. He further argues that this court should reverse and remand this case with the order to suppress the evidence. We have jurisdiction under 18 U.S.C. Secs. 1291 and 1294, and we affirm. I. MOTION TO SUPPRESS EVIDENCE 4 When we review a search pursuant to a warrant, the magistrate's determination is entitled to…