United States v. Smith

MEMORANDUM **

Russell Alan Smith appeals his conviction for distribution of more than 50 grams of a substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). On appeal, Smith argues, first, that probable cause did not support a warrant to search a residence at 506 E. South Street in Mabton, Washington, and, second, that the government violated his rights to due process and compulsory process by deporting two potential witnesses before defense counsel had the opportunity to interview them. We have *57 jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

This case resulted from an investigation into a drug distribution conspiracy that culminated in the search of homes at 506 E. South Street and 820 Pine Street in Mabton, Washington. The affidavit in support of the search warrant for 506 E. South Street reported that the police had obtained and corroborated information from two confidential informants: CS 02-028 and CS 08-012. The affidavit stated that both CS 02-023 and CS 03-012 were reliable confidential sources who had previously given truthful information to law enforcement. CS 02-023 tipped the police that a man named Michael…