United States v. Paul Kozina

MEMORANDUM

Paul Kozina was convicted following a jury trial of one count of possession of methamphetamine with the intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(viii), and 18 U.S.C. § 2 , and one count of conspiracy to possess methamphetamine in violation of 21 U.S.C. § 844 (a). On appeal, Kozina makes several challenges to the evidence admitted against him at trial. Because the facts are known to the parties, we recount them here only as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Kozina claims that the facts in the affidavit underlying the February 2008 search warrant were stale and did not establish probable cause. Before we consider probable cause, “we may proceed directly to the issue of whether there was good faith reliance.” United States v. Crews, 502 F.3d 1130, 1136 (9th Cir.2007) (citing United States v. Leon, 468 U.S. 897, 923-25 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984)).

The law enforcement officers who executed the search relied on the warrant in good faith because of evidence that the drug dealing went on after the surveillance period. The evidence created “a colorable argument that…