Garcia

United States v. Garcia

Good Law
119 F. App'x 98
United States Court of Appeals for the Ninth CircuitDecember 20, 2004No. 03-50497California840 words

Opinion

Lead Opinion

MEMORANDUM *

Garcia appeals from his judgment of conviction in which he was found guilty of being a felon in possession of ammunition in violation of 21 U.S.C. § 841 (a), possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841 (a), possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a), and possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924 (e)(1)(A)(i). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 and we have jurisdiction over this timely appeal under 28 U.S.C. § 1291 . We affirm.

Garcia challenges the search warrant pursuant to which incriminating evidence was found in his home. We need not determine whether the affidavit was sufficient if the good faith exception applies. United States v. Leon, 468 U.S. 897, 926 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984). Garcia asserts that there are two reasons why it does not.

First, Garcia contends that the affidavit was “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” Leon, 468 U.S. at 923 , 104 S.Ct. 3405 (internal quotation marks and citations…

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