Lantz

United States v. Lantz

Good Law
26 F. App'x 660
United States Court of Appeals for the Ninth CircuitDecember 20, 2001No. 01-10113; D.C. No. CR-98-00147-ECR/RAMCalifornia891 words

Opinion

Lead Opinion

MEMORANDUM *

Robert Lantz appeals the district court’s order denying his motion to suppress evidence seized during a search of his home, as well as the court’s decisions at sentencing. We affirm. Because the parties are familiar with the facts and procedural history of the case, we will not recount it here.

*662 I

Lantz raises a number of arguments to support his claim that the search of his home was illegal. However, he waived his right to challenge the scope of the search warrant on appeal. See Fed. R. Cr. P. 12(f); United States v. Wright, 215 F.3d 1020, 1026 (9th Cir.2000). Although Lantz filed a motion to suppress the Odessa Trust file on those grounds in the district court, he did not contest the seizure of other items that he now argues should have been excluded. This “failure to raise a particular ground in support of a motion to suppress” was the equivalent of not filing a motion at all on those issues, and his claim is therefore precluded under Rule 12(f). United States v. Restrepo-Rua, 815 F.2d 1327, 1329 (9th Cir.1987).

Lantz also maintains that there was insufficient probable cause to support the search, a claim he preserved for appellate review. We reject this…

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