Kuemmerlin

MEMORANDUM ***

Defendant Kevin Kuemmerlin appeals his conviction after a bench trial before a magistrate judge for violation of 36 C.F.R. §§ 4.23 (a)(1) (operating and in actual physical control of a motor vehicle under the influence of alcohol) and 4.22(b)(1) (unsafe operation).

1. Defendant seeks to have his conviction reversed because the probable cause affidavit was attached to the criminal complaint. Pursuant to Federal Rule of Criminal Procedure 4(a), “[i]f the complaint or one or more affidavits filed with the complaint establish probable cause to believe *574 that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant....” Defendant has failed to demonstrate that his constitutional rights were violated simply because the affidavit in this case was attached to, rather than simply “filed with,” the complaint.

Defendant’s reliance on United States v. Van Griffin, 874 F.2d 634 (9th Cir.1989) is unavailing. In Van Griffin , the defendant was charged with driving under the influence of alcohol in a federal park, in violation of 36 C.F.R. § 4.6 . The defendant, who had waived his right to a jury trial, moved to disqualify the…