Paysinger

United States v. Paysinger

Good Law
32 F. App'x 969
United States Court of Appeals for the Ninth CircuitApril 16, 2002No. 01-30148; D.C. No. CR-00-00347-TSZCalifornia239 words

Opinion

Lead Opinion

MEMORANDUM **

Biante Monell Paysinger appeals the 72-month sentence following his conditional guilty-plea conviction of possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Paysinger contends the district court erred in denying his suppression motion challenging the validity of the search warrant. We review the magistrate’s issuance of a search warrant for clear error, see United States v. Castillo, 866 F.2d 1071, 1076 (9th Cir.1988), and we find none.

Probable cause to issue a warrant exists if, under the totality of the circumstances, the magistrate had a substantial basis for concluding probable cause existed. Id. at 1076-77 . Here, the government’s rehable confidential informant disclosed that Pay-singer and his co-defendant were trafficking cocaine, and provided details to identify them. The government’s subsequent investigation corroborated the informant’s information.

Information from a reliable informant may form the basis for finding probable cause when the government corroborates otherwise seemingly innocent facts. United States v. Diaz-Rosas, 13 F.3d 1305, 1307…

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