United States v. James Allen, II

MEMORANDUM

James David Allen, II, appeals the denial of his motion to suppress statements, the denial of his motion to suppress evidence (which includes a request for a Franks hearing), and the sentence im posed following his conditional guilty plea to Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922 (g)(1). He was sentenced to 60 months in prison.

As to his statements, Allen argues that they followed the initial sweep of his home, which occurred while Allen was standing outside and which the government concedes was unconstitutional. The statements must therefore be suppressed, United States v. Shetler, 665 F.3d 1150, 1157-58 (9th Cir.2011), and Allen may withdraw his conditional plea on remand.

As to the tangible evidence, Allen argues that it was seized pursuant to a warrant based on an affidavit that did not support probable case. We find that probable cause existed on the face of the affidavit, even with Allen’s statements excised, because the witness upon whom the affidavit relied, Jessikah Ramsey, had first-hand knowledge of the illegal activity and her statements provided probable cause. See United States v. Miller, 753 F.2d 1475, 1480 (9th…