Aguilar

United States v. Aguilar

Good Law
42 F. App'x 49
United States Court of Appeals for the Ninth CircuitJuly 8, 2002No. 00-50502; D.C. No. CR-99-00084-D-AHM-13California1,392 words

Opinion

Lead Opinion

*51 MEMORANDUM *

Carlos Aguilar (“Aguilar”) appeals his conviction and 121 month sentence under 21 U.S.C. § 846 for conspiring to distribute and to aid and abet the distribution of controlled substances. Aguilar contends the district court committed reversible error by denying his motion to suppress wiretap evidence. In addition, Aguilar argues that the following three errors entitle him to resentencing: (1) the district court refused to reduce Aguilar’s offense level as allowed by the Sentencing Guidelines for minor participants in the charged offense; (2) the district court lacked sufficient evidence to sustain its drug quantity calculation; and (3) the district court’s calculation violated Apprendi by exposing Aguilar to a longer sentence than that supported by the jury’s findings. 1 We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

A. Motion To Suppress Wiretap Evidence

‘We review de novo a district court’s wiretap suppression decision.” United States v. Reyna, 218 F.3d 1108, 1110 (9th Cir.2000). In reviewing the original issuance of the wiretap order, we consider only whether the “four comers of the wiretap application” provide a…

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