United States v. Johnson

MEMORANDUM **

Robert W. Johnson and Joel Y. Murana-ka appeal their convictions and sentences for conspiracy and drug-related charges. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm on all issues.

I. Motion to Suppress

A. Meeir’s affidavit

Both defendants argue that the district court erred in upholding the searches of their property given that the affidavit used to obtain the search warrant contained misrepresentations by officer Robert Me-cir (Meeir) of the Santa Clara County Sheriffs Department. After a two-day hearing, the district court held that Me-cir’s statements as to where he was when he smelled marijuana were “misleading and probably intentionally so.” Nonetheless, the district court only struck the part of the affidavit concerning where and when Meeir smelled marijuana, not the portion regarding whether he smelled marijuana.

We review credibility determinations made by the district court at a suppression hearing under a clearly erroneous standard. United States v. Spires, 3 F.3d *962 1234, 1237 (9th Cir.1993). While we find Mecir’s misrepresentations troubling, we cannot say under a clearly erroneous standard the district court’s finding that Meeir…