Mancha

United States v. Mancha

Good Law
50 F. App'x 854
United States Court of Appeals for the Ninth CircuitNovember 13, 200201-30335California582 words

Opinion

Lead Opinion

MEMORANDUM *

Thomas Edward Mancha (“Mancha”), convicted pursuant to a conditional guilty plea for possession with intent to distribute cocaine and felon-in-possession of a firearm, appeals (1) the district court’s denial of his motion to suppress evidence seized during a warranted search of his residence, and (2) his motion to dismiss. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The District Court Properly Denied Mancha’s Motion to Suppress

This Court reviews motions to suppress de novo. United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002). This Court reviews for clear error whether the magistrate issuing the warrant had a substantial basis for concluding probable cause existed. United States v. Patterson, 292 F.3d 615, 625 (9th Cir.2002). On the other hand, this Court reviews whether a search warrant describes the items executing officers could seize with sufficient particularity de novo. United States v. Noushfar, 78 F.3d 1442, 1447 (9th Cir.1996).

The district court did not clearly err by concluding that probable cause existed. The affidavit supporting the search warrant (“affidavit”) set forth facts gained from statements by confidential…

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