United States v. Richard E. Yerger

Good Law
77 F.3d 491·1996 U.S. App. LEXIS 8907
United States Court of Appeals for the Ninth CircuitFebruary 12, 199694-50332California3,023 words

Opinion

Opinion

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard E. YERGER, Defendant-Appellant. Nos. 92-50042, 94-50332. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1995. Decided Feb. 12, 1996. Before: WALLACE, SNEED, and HALL, Circuit Judges. 1 MEMORANDUM * 2 Defendant-appellant Richard E. Yerger appeals for the second time the district court's denial of his motion to suppress evidence. We now affirm the district court's judgment. I. Facts and Prior Proceedings 3 On November 15, 1990, law enforcement authorities executing a search warrant discovered an underground marijuana cultivation operation in a house on Avenue E in Lancaster, California. During this search, officers observed mail addressed to Richard F. Yerger, the son of defendant-appellant Richard E. Yerger. Recognizing the name Richard Yerger from an unrelated investigation involving the elder Yerger, officers then proceeded to…

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