Law

United States v. Law

Good Law
51 F. App'x 700
United States Court of Appeals for the Ninth CircuitNovember 21, 2002No. 01-30401; D.C. No. CR-01-00027-BLWCalifornia1,061 words

Opinion

Lead Opinion

MEMORANDUM *

Roger Law appeals the district court’s denial of his motion to suppress, the district court’s denial of his motions for judgment of acquittal, and the district court’s imposition of a life sentence in violation of the Eighth Amendment. Because the facts are known to the parties, we do not recite them here. We affirm.

*701 I. Denial of Motion to Suppress Butte County Evidence

Law argues that the district court erred 1 in refusing to suppress the evidence seized from his vehicle in Butte County, Idaho. Collins testified that he smelled marijuana in Law’s vehicle. The district court found his testimony credible. Although the earlier suspicious circumstances may not have risen to the level of probable cause, the officers had probable cause to search after Collins smelled marijuana. 2 The district court’s credibility determination was proper and was certainly not clearly erroneous. Thus, the district court’s refusal to suppress the evidence was appropriate.

II. Denial of Motion to Suppress Chubbuck Evidence

Law contends that the district court erred in refusing to suppress the evidence seized as a result of the stop in Chubbuck, Idaho. Even assuming that the stop was…

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