Funches

United States v. Funches

Good Law
166 F. App'x 974
United States Court of Appeals for the Ninth CircuitFebruary 15, 2006No. 05-30025California508 words

Opinion

Lead Opinion

MEMORANDUM **

*975 John D. Funches, Jr. appeals the decision by the district court that Funches committed three violations of the terms of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Funches argues that his arrest warrant was invalid as it was supported by neither probable cause nor a sworn oath or affirmation. However, these arguments are controlled by United States v. Ortuño-Higareda, 421 F.3d 917, 922 (9th Cir.2005). Because Funches was arrested in 2004, before his supervised, release period expired, “the district court [had] jurisdiction to revoke supervised release in the absence of a warrant or even if a warrant [were] defective.” Id. at 921 .

Funches also claims that there was insufficient evidence to convict him of constructive possession of a firearm and of associating with a convicted felon, both in violation of the terms of his supervised release. Even though Funches was not in actual possession of the firearm, there was “ ‘a sufficient connection between [Funches] and the contraband to support the inference that’ ” Funches was in constructive possession of that item. United States v. Terry, 911 F.2d 272, 278 (9th…

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