Cobian

United States v. Cobian

Good Law
142 F. App'x 971
United States Court of Appeals for the Ninth CircuitAugust 10, 2005No. 04-30412California496 words

Opinion

Lead Opinion

MEMORANDUM **

*972 Herlinda Rojas Cobian appeals her conviction for drug-related charges under 21 U.S.C. §§ 841 (a)(1), 846 and her 151-month sentence under the United States Sentencing Guidelines. Cobian appeals the district court’s decisions not to suppress evidence seized pursuant to a warrant and not to suppress her confession taken in violation of the Vienna Convention. Cobian also challenges the district court’s denial of her requests for downward adjustments under the mandatory Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291 . We affirm Cobian’s conviction, and vacate her sentence and remand for resentencing consistent with United States v. Booker.

The totality of the circumstances set forth in the affidavit in support of the search warrant indicates that a “fair probability or substantial chance of criminal activity” at 506 E. South Street existed. 2 The police obtained information from two reliable confidential informants and corroborated this information by conducting controlled buys and by independently observing and investigating. Thus, probable cause supported the warrant. Accordingly, we affirm the district court’s conclusion not to suppress…

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