Hanes

United States v. Hanes

Good Law
336 F. App'x 690
United States Court of Appeals for the Ninth CircuitJune 26, 2009No. 08-50509California1,150 words

Opinion

Lead Opinion

MEMORANDUM *

Madonna Hanes appeals her criminal conviction for Tax Evasion and Aiding and Abetting, in violation of 26 U.S.C. § 7201 and 18 U.S.C. § 2 , and Conspiracy, in violation of 18 U.S.C. § 371 . She challenges the constitutional validity of the search warrant, various evidentiary rulings at trial, the denial of her motion for a new trial, the sentencing determination regarding attributable loss, and the effectiveness of her defense counsel. We affirm.

1. Madonna’s 1 challenge to the service and execution of the search warrant does not merit suppression of the evidence. See Fed.R.Crim.P. 41(f)(1)(C); United States v. SDI Future Health, Inc., 568 F.3d 684 , 701 n. 11 (9th Cir.2009); United States v. Williamson, 439 F.3d 1125, 1132-34 (9th Cir.2006). Any statutory violation on the part of federal agents in providing Madonna’s roommate and partner, Kathryn Hanes, with a copy of the warrant at the outset of the search, but not providing Madonna with a duplicate copy, was “mere technical error[.]” Williamson, 439 F.3d at 1133 (internal quotation marks omitted). Suppression is not appropriate because Madonna does not argue (1) that the agents acted in bad faith or (2) that the…

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