Camou

United States v. Camou

Good Law
17 F. App'x 528
United States Court of Appeals for the Ninth CircuitJuly 17, 2001No. 00-50473; D.C. No. CR-99-3686-IEGCalifornia459 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Ruben Camou appeals the denial of his motion to suppress evidence and his sixty-month prison sentence with a four-year term of supervised release for conspiracy to distribute and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 and 846. We review motions to suppress evidence de novo. See United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.2000). We review Camou’s sentence for plain error because he did not object at sentencing. See United States v. Johansson, 249 F.3d 848, 861 (9th Cir.2001). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C § 3742, and we affirm.

Camou contends that: (1) the district court erred by failing to suppress evidence of marijuana in his boat as the product of a search in violation of the Fourth Amendment; (2) his term of supervised release exceeds the statutory maximum in violation of Apprendi v. New Jersey, 530 U.S. *530 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); and (3) under Apprendi , the district court could not base an increase in the statutory minimum sentence on a fact not proved beyond a reasonable doubt. We reject his contentions as follows:

(1) Camou told Coast Guard personnel…

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