Ricky Wahchumwah v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 11-30101 Plaintiff-Appellee, D.C. No. v. 2:09-cr-02035-

EFS-

RICKY S. WAHCHUMWAH , AKA

Ricky Sam Wahchumwah, Defendant-Appellant. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Argued and Submitted October 9, 2012—Seattle, Washington

Filed November 27, 2012 Amended March 4, 2013

Before: Alex Kozinski, Chief Judge, A. Wallace Tashima and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Milan D. Smith, Jr. UNITED STATES V . WAHCHUMWAH

SUMMARY*

Criminal Law

The panel affirmed in part and reversed in part a criminal judgment in a case in which a jury convicted the defendant of offenses relating to the sale of eagle parts.

The panel held that an undercover agent’s warrantless use of a concealed audio-video device in a home into which he has been invited by a suspect does not violate the Fourth Amendment.

The panel held that Count 2 charging the defendant with offering to sell Golden Eagle tails, in…