Iniguez

United States v. Iniguez

Good Law
97 F. App'x 797
United States Court of Appeals for the Ninth CircuitMay 26, 2004Nos. 01-50553, 01-50629California640 words

Opinion

Lead Opinion

MEMORANDUM **

This appeal arises out of the conviction of Cruz Iniguez for one count of conspiracy to possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846 , and three counts of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Iniguez appeals his conviction on two grounds: 1) the district court abused its discretion by denying Iniguez’s motion to suppress wiretap evidence; and 2) the evidence was insufficient to support Iniguez’s conviction for two of the three counts of possession with intent to distribute methamphetamine. 1 We affirm.

1. Suppression of wiretap evidence

The district court did not abuse its discretion by denying Iniguez’s motion to suppress the wiretap evidence. 2 Contrary *799 to Iniguez’s assertions, the FBI’s application was neither misleading nor inadequate. Although the application did not contain an exhaustive list of the agency’s pre-wiretap evidence, it contained no “material misstatements or omissions regarding the necessity of the wiretap.” United States v. Carneiro, 861 F.2d 1171, 1176 (9th Cir.1988). The wiretap application, which provided a careful discussion of why a…

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