Hauseur

United States v. Hauseur

Good Law
34 F. App'x 372
United States Court of Appeals for the Ninth CircuitMay 9, 2002No. 01-30314; D.C. No. CR-01-00053-WFNCalifornia355 words

Opinion

Lead Opinion

MEMORANDUM **

Duane Hauseur appeals his conviction after his conditional guilty plea to one count of attempted manufacture of methamphetamine, one count of possession of heroin with intent to deliver, one count of possession of methamphetamine, one count of being an unlawful user of a controlled substance in possession of a firearm, and one count of being an unlawful user of a controlled substance in possession of ammunition, 21 U.S.C. §§ 841 (a)(1), 844 and 846; 18 U.S.C. § 922 (g)(3). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Under the totality of circumstances, the officers had a reasonable suspicion that Hauseur and his passenger, Brian Pagano, were engaged in criminal activity. Hauseur and Pagano had purchased an unusually large quantity of iodine — a chemical commonly used to manufacture methamphetamine — were using a rental car, and drove to a location known for the manufacture and distribution of methamphetamine. Additionally, the officers discovered that the name Pagano had used to purchase the iodine corresponded with an outstanding arrest warrant for felony drug offenses. Thus there was no Fourth Amendment violation in the initial investigatory stop…

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