United States v. Rafael Romero-Duarte

MEMORANDUM

Rafael Romero-Duarte was convicted of a conspiracy count and three substantive counts of distribution of or possession with intent to distribute methamphetamine. He argues that the affidavit supporting the TT1 wiretap application failed to establish necessity and that the district court erred in its factual determination of relevant drug quantity. We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . The facts of this case are known to the parties. We need not repeat them here.

We employ a two-step review when a defendant challenges the necessity of a wiretap. First, we review de novo compliance with the wiretap statute and ask whether the affidavit contained “a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.” 18 U.S.C. § 2518 (l)(c); United States v. Gonzalez, Inc., 412 F.3d 1102,1111-12 (9th Cir.2005). Second, we review for abuse of discretion the issuing court’s decision to grant the wiretap based on necessity. Gonzalez, Inc., 412 F.3d at 1111-12 .

We hold the affidavit was sufficient and that the…