Castellon

United States v. Castellon

Good Law
80 F. App'x 562
United States Court of Appeals for the Ninth CircuitOctober 31, 2003No. 02-50406California731 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Ponce Castellón appeals his conviction of, and life sentence for, various narcotics-related crimes. We presume that the parties are familiar with the facts of the case and refer to them only as necessary in this disposition. For the reasons stated below, we affirm Appellant’s conviction and sentence.

1. Sufficiency of Affidavits in Support of Wiretap Surveillance

We conclude that Agent Garcia’s three affidavits in support of establishing and then maintaining wiretap surveillance of Javier Castellon’s telephone line contained full and complete statements as required by 18 U.S.C. § 2518 (1) as well as sufficiently established the necessity for such surveillance. See United States v. Ippolito, 774 F.2d 1482, 1486 (9th Cir.1985). Accordingly, the district court judge properly denied Appellant’s motion to suppress the contents of the wiretap interceptions.

2. Speedy Trial Act Challenge

Given the complexity of the case, the sheer volume of discovery, and the number of defendants, we hold that the delay in commencing Appellant’s trial was reasonable. See United States v. Butz, 982 F.2d 1378, 1381-82 (9th Cir.1993). The district court therefore did not err in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.