Cisneros

MEMORANDUM *

The search warrant in this case was not overbroad or insufficiently particular. We need not decide whether there was good cause for conducting the search at night because the officers reasonably relied on a warrant issued by a detached and neutral magistrate. The district court erred in treating the federal Sentencing Guidelines as mandatory. Therefore, we affirm Cisneros’s conviction and remand the sentence.

A warrant must name the places to be searched and items to be seized with “reasonable precision.” 1 A warrant is over-broad if it fails to set out objective standards for the executing officers to identify items subject to seizure or if the government could describe items with more particularity based on available information.

Cisneros argues that the warrant executed at his home on May 8, 2003 was overbroad in its description of the items subject to seizure. This argument fails as to all three categories of items listed in the warrant: (i) “any .380 caliber semi-automatic handgun or firearm,” (ii) any evidence of the identity of the persons having dominion and control over the premises searched and (iii) any evidence of gang membership. Any defect in the…