Rios-Osuna

MEMORANDUM ***

Lorenzo Rios-Osuna appeals his conviction and sentence following a guilty plea to one count of conspiracy to distribute marijuana. He challenges (1) the district court’s denial of his motion to suppress wiretap evidence; (2) a four-level sentencing enhancement for a leadership role in the conspiracy; and (3) his 235-month sentence in light of Apprendi v. New Jersey.

Rios-Osuna first argues that the government’s applications for wiretaps failed to demonstrate that the wiretaps were necessary under 18 U.S.C. § 2518 (l)(c). Under that section, the application must contain “a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.” *738 18 U.S.C. § 2518 (l)(c). Based on our review of the wiretap applications and affidavits, in light of the complete record, we conclude that the issuing court did not abuse its discretion in authorizing the wiretap, and the district court did not err in admitting the wiretap evidence. See United States v. Khan, 993 F.2d 1368, 1375 (9th Cir.1993) (discussing standards of review and necessity…