Lieu

United States v. Lieu

Good Law
300 F. App'x 586
United States Court of Appeals for the Ninth CircuitNovember 21, 2008No. 07-50417California293 words

Opinion

lead Opinion

MEMORANDUM ***

Defendant Kiet Tuong Lieu appeals from the judgment and sentence that followed his guilty plea to conspiracy to distribute and possess MDMA (ecstacy). We review for abuse of discretion the district court’s authorization of the wiretap. United States v. Rivera, 527 F.3d 891, 898 (9th Cir.2008), petition for cert. filed, — U.S.L.W. - (U.S. Oct. 21, 2008) (No. 08-6961). After careful consideration of all of Defendant’s arguments, we find no abuse of discretion.

The affidavit submitted by Special Agent Paul Gelles contained sufficiently specific and individualized facts to satisfy the requirements of 18 U.S.C. § 2518 (l)(e) and to establish the necessity to authorize interception of Defendant’s telephone lines. 1 Gelles had more than five years of Drug Enforcement Agency experience. About a third of his 67-page affidavit explained the traditional investigative techniques that had been tried and/or considered, including use of informants and undercover agents, other previously authorized wiretaps, witness interviews, a grand jury investigation, physical surveillance, pen registers, trap and trace devices, search warrants, grants of immunity, trash searches, a financial…

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