Giwa

United States v. Giwa

Good Law
339 F. App'x 682
United States Court of Appeals for the Ninth CircuitJune 15, 2009No. 08-10043California720 words

Opinion

Lead Opinion

MEMORANDUM **

Kamaludeen Adeboye Giwa was charged along with eight other individuals in a fifteen-count indictment alleging various fraud-related offenses. After the district court denied Giwa’s pretrial motion to suppress evidence seized during a search of his apartment, he pled guilty to counts one through fourteen of the indictment and was sentenced to serve a total of 150 months’ imprisonment. Giwa raises several issues on appeal. Finding no error, we affirm.

Giwa contends that the arrest warrant in this case was deficient because it was not based upon sworn facts. Giwa was accused of violating his supervised release conditions pursuant to 18 U.S.C. § 3606 because his period of supervision had not yet ended. Section 3606 explicitly provides, in part, that an arrest may be made without a warrant

18 U.S.C. § 3606 . Because there was probable cause to believe that Giwa had violated a condition of his supervised release, the arrest warrant did not violate his rights under the Fourth Amendment. “Under the terms of [§ 3606], a released defendant can be arrested without a warrant during the period of supervised release for violating the terms of that supervised release.” United…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.