Jaeger

United States v. Jaeger

Good Law
314 F. App'x 13
United States Court of Appeals for the Ninth CircuitAugust 18, 2008Nos. 06-30621, 06-30622California349 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant John Frederick Jaeger appeals his conviction and sentence on drug and firearms charges. Relevant facts are set forth in an opinion published this date. This memorandum disposes of the issues not covered in that opinion.

1. The district court did not clearly err in issuing the search warrants. See Dawson v. City of Seattle, 435 F.3d 1054, 1062 (9th Cir.2006) (providing our standard of review). Considering the totality of the circumstances, there was a substantial basis to conclude that there was a fair probability that evidence of a crime might be found in Defendant’s pickup truck and homes. See United States v. Gourde, 440 F.3d 1065, 1069 (9th Cir.) (en banc), cert. denied, 549 U.S. 1032 , 127 S.Ct. 578 , 166 L.Ed.2d 432 (2006) (stating standard for issuance of search warrant).

2. Sufficient evidence supported Defendant’s conviction for conspiracy. See United States v. Hernandez-Herrera, 273 F.3d 1213, 1218 (9th Cir.2001) (reviewing de novo a trial court’s denial of a motion for acquittal). A rational trier of fact could conclude beyond a reasonable doubt that the direct and circumstantial evidence—including the testimony of Stau-denmayer, Caldwell, and…

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