United States v. Soren Korzybski

MEMORANDUM

Defendant-Appellant Soren Davis Korzybski (“Korzybski”) was convicted of one count of bank robbery in violation of 18 U.S.C. § 2113 (a) and sentenced to 132 months imprisonment. He appeals his conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm Korzybski’s conviction and sentence. We address his arguments in turn.

1. Korzybski argues that the district court erred in denying his motion to suppress the “fruits” of his March 24, 2009 arrest by his probation officer. Specifically, Korzybski contends that his probation officer lacked probable cause to arrest him for failing to comply with a term of his supervised release, and that subsequent custodial statements Korzybski made to an FBI agent as well as evidence seized from his home were the “fruit” of the “unlawful” arrest.

Even if Korzybski’s probation officer lacked probable cause to arrest him for a supervised release violation, the evidence Korzybski seeks to suppress is still admissible. At the time Korzybski made the statements at issue, FBI agents had probable cause to arrest Korzybski for bank robbery. See United States v. Crawford, 372 F.3d 1048, 1056 (9th Cir.2004) (en banc)…