Coleman

United States v. Coleman

Good Law
83 F. App'x 881
United States Court of Appeals for the Ninth CircuitDecember 8, 2003No. 02-30424; D.C. No. CR-01-00309-1-BJRCalifornia543 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Sadie Yvonne Coleman timely appeals her conviction and sentence for identity theft, fraud, conspiracy, and related crimes. We affirm.

1. Assuming, without deciding, that the “protective sweep” by the arresting officers constituted an illegal search, the later-issued search warrant was valid. The affidavit still easily established probable cause even after the minimal information acquired at the time of arrest (envelopes on the kitchen table bore Defendant’s *882 name and address) is removed. See United States v. Driver, 776 F.2d 807, 812 (9th Cir.1985) (describing method of analysis). Defendant’s residence at the premises to be searched was established by numerous other, independent, earlier-acquired facts, including surveillance and information from government agencies. Accordingly, the district court did not err in denying the motion to suppress.

2. No “multiple-conspiracy” instruction was required. Defendant introduced evidence suggesting that her co-conspirators had committed other crimes and engaged in conspiracies with each other or with third parties to defraud people. That evidence may have cast doubt on the credibility of the co-conspirators, but…

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