United States v. Dennis Burkett, United States of America v. Phillip J. Kahl

Good Law
50 F.3d 16·1995 U.S. App. LEXIS 19035
United States Court of Appeals for the Ninth CircuitMarch 15, 199594-30005California554 words

Opinion

Opinion

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis BURKETT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Phillip J. KAHL, Defendant-Appellant. Nos. 94-30005, 94-30021. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1995. Decided March 15, 1995. Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 A. The district court did not err by refusing to suppress the evidence seized during the search of Burkett's house. The warrant authorized the seizure of the audio tapes as "records of drug transactions." See United States v. Gomez-Soto, 723 F.2d 649, 654-55 (9th Cir.1984). Nor was the warrant overbroad for permitting seizure of all "financial records," as the affidavit in support of the warrant application showed that Burkett was a significant drug dealer whose primary source of income was the drug trade. See id. at 653 . 3 B. A reasonable jury…

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