United States v. Sergio Guerrero

Good Law
47 F.4th 984
United States Court of Appeals for the Ninth CircuitSeptember 2, 202221-10248California4,854 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF No. 21-10248

AMERICA,

Plaintiff-Appellee, D.C. Nos. 4:19-cr-01468-CKJ-MSA-1 v. 4:19-cr-01468-CKJ-MSA

SERGIO GUERRERO,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Argued and Submitted June 16, 2022 San Francisco, California

Filed September 2, 2022

Before: Sidney R. Thomas, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.

Per Curiam Opinion; Concurrence by Judge Gould; Concurrence by Judge Bea; Dissent by Judge S.R. Thomas SUMMARY *

Criminal Law

In a per curiam opinion, the panel affirmed the district court’s denial of Sergio Guerrero’s motion to suppress because of the consistent conclusions of Judge Gould and Judge Bea, which represent a majority of the panel, even though the reasoning of Judge Gould and Judge Bea in their separate concurrences is different.

The panel noted that one exception to the Fourth Amendment’s prohibition of searches and seizures conducted without prior approval by…

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