Valdovinos

MEMORANDUM *

Valdovinos was charged and convicted of (1) conspiracy to distribute 50 grams or more of actual methamphetamine, (2) distribution of 5 grams or more of actual methamphetamine, and (3) possession with intent to distribute 5 grams or more of actual methamphetamine, all in violation of 21 U.S.C. § 841 (a)(1). He was sentenced to 360 months imprisonment.

Valdovinos appeals the district court’s denial of his motion to suppress evidence obtained during the search of his residence. He argues that DEA agents intentionally and recklessly omitted material information about the confidential informant from the affidavit in support of the search warrant. He also challenges his sentence. He contends that the district court’s approximation of methamphetamine attributable to him, as well as its application of the two-level obstruction of justice enhancement pursuant to United States Sentencing Guidelines (U.S.S.G.) § 3C1.1 were in error.

Search Warrant

“The district court’s factual findings as to whether statements' in an affidavit were false or were omitted are reversed only if clearly erroneous. Whether any omissions or misstatements are material is a mixed question of law and…