Depew

United States v. Depew

Good Law
48 F. App'x 242
United States Court of Appeals for the Ninth CircuitOctober 2, 2002No. 01-30424; D.C. No. CR-97-0072-DWMCalifornia592 words

Opinion

Lead Opinion

MEMORANDUM *

Robert Elzay Depew appeals his conviction following a jury trial for manufacturing a controlled substance, in violation of 21 U.S.C. § 841 (a)(1), and the sentence imposed by the district court. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Depew contends that the district court erred in determining there was probable cause in the redacted affidavit filed in support of the search warrant application. We review de novo the district court's determination of probable cause in a case with redacted affidavits. United States v. Huguez-Ibarra, 954 F.2d 546, 551 (9th Cir.1992). In determining whether there was a substantial basis for the district court’s finding of probable cause, we consider the totality of the circumstances. United States v. Mendonsa, 989 F.2d 366, 368 (9th Cir.1993). Although “an anonymous tip, without more, does not constitute probable cause,” an anonymous tip “coupled with independent corroboration of predicted activity,” rather than “innocent static details” alone, may establish probable cause. Id. at 368-69 . The facts remaining after redaction included Depew’s 1986 conviction for the same illegal activity, power usage records…

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