Boksenbaum

MEMORANDUM *

Peter Boksenbaum appeals the judgment of conviction and sentence that followed his guilty plea to use of unauthorized access devices, fraud and related activity in connection with means of identification, and bank fraud. We affirm as to Boksenbaum’s conviction, and affirm in part and vacate and remand in part as to his sentence.

Under the totality of circumstances described by the Delaney affidavit, the magistrate judge had substantial bases for concluding that probable cause existed for Boksenbaum’s arrest and for the search of his car. See United States v. Alvarez, 358 F.3d 1194, 1204 (9th Cir.2004); United States v. Lucarz, 430 F.2d 1051, 1055 (9th Cir.1970). Moreover, even if probable cause were lacking, the Delaney affidavit would be sufficient to meet the minimal requirements of the good faith exception. See United States v. Leon, 468 U.S. 897, 923 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984). We accordingly affirm the district court’s denial of Boksenbaum’s motion to suppress.

We also affirm the district court’s application of U.S.S.G. § 2Bl.l(b)(9)(C)(i). 1 The guideline covers the conduct to which Boksenbaum pled guilty, see United States v. Melendrez, 389…