United States v. Vaaiga Ina Clark, and Johnny Clark

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vaaiga Ina CLARK, and Johnny Clark, Defendants-Appellants. Nos. 94-50062, 94-50064. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1995. Decided Aug. 1, 1995. Before: J FLETCHER, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Defendants Johnny Clark ("Johnny") and Vaaiga Ina Clark ("Vaaiga"), husband and wife, appeal their jury convictions and sentences on drug trafficking charges. On appeal, the Clarks argue that evidence obtained from a court-ordered wiretap should be suppressed because the Government did not demonstrate the required necessity, and because it failed to follow adequate minimization procedures. In addition, Johnny Clark challenges one of his convictions for distributing cocaine, arguing that the Government's evidence was insufficient. Johnny also argues that the district court erred by denying him a two-point…