Arellano-Garcia

United States v. Arellano-Garcia

Good Law
3 F. App'x 610
United States Court of Appeals for the Ninth CircuitFebruary 7, 2001No. 99-30400California304 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Archimides Arellano-Garcia appeals the district court’s denial of his pretrial motion to suppress evidence and subsequent conviction. Following denial of the motion, Arellano-Garcia entered a conditional guilty plea to conspiracy to distribute heroin under Rule 11(a)(2) of the Federal Rules of Criminal Procedure, reserving his right to appeal the adverse ruling. He now appeals the district court’s denial of his motion. We review denial of the motion de novo, United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.), cert. denied, 531 U.S. 969 , 121 S.Ct. 406 , 148 L.Ed.2d 313 (2000), and we affirm.

The evidence supporting Arellano-Garcia’s conviction was seized pursuant to the search warrant for the apartment. We review issuance of a search warrant for clear error and “determine whether the magistrate had a substantial basis for concluding that the affidavit in support of the warrant established probable cause.” Id. Probable cause to issue a warrant exists when a judge finds that, “[cjonsidering the totality of the circumstances, there [is] a fair probability that contraband or evi *612 dence of a crime [will] be found.” United States v. Gil, 58 F.3d 1414,…

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