Jardine

United States v. Jardine

Good Law
131 F. App'x 79
United States Court of Appeals for the Ninth CircuitMarch 24, 2005No. 02-10290; D.C. No. CR-99-40024-DLJCalifornia496 words

Opinion

Lead Opinion

MEMORANDUM *

Joseph Lester Jardine appeals his conviction for conspiring to possess methamphetamine with intent to distribute in violation of 21 U.S.C. § 846 and possessing methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), for which he was sentenced to 188 months in prison.

Jardine first contests his conviction on the basis that the district court erred in denying his motion to disclose the identity of the government’s informant. To over *80 come the government’s limited privilege to conceal an informant’s identity, Jardine must show “a need for the information” and that there is “more than a ‘mere suspicion’ that the informant has information which will prove ‘relevant and helpful’ to his defense, or that will be essential to a fair trial.” United States v. Henderson, 241 F.3d 638, 645 (9th Cir.2000). Because Jardine has not met this burden, the district court did not abuse its discretion in denying disclosure of the informant’s identity. See id. at 646 .

Jardine next contends that the district court erred in denying his motion to suppress evidence. Although Jardine claims that the magistrate erred in issuing the warrant because the government’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.