Doney
United States v. Doney
Opinion
Lead Opinion
MEMORANDUM *
Defendant-appellant Paul Joseph Doney (“Doney”) was convicted of eight counts of drug trafficking and related weapons-possession crimes. Doney appeals on four grounds, arguing that: (1) the search warrant obtained to search his car was not supported by probable cause because the warrant affidavit included the recklessly erroneous assertion that Doney could not legally possess firearms due to prior felony convictions; (2) there was insufficient evidence to support the charge that Doney possessed a semiautomatic assault weapon in relation to a drug trafficking crime; (3) the indictment was insufficiently specific because it failed to allege that the firearm was a semiautomatic assault weapon; and (4) the mandatory life sentences imposed for his drug trafficking crimes are unconstitutional. Because the parties are familiar with the facts, we do not recite them in detail. We affirm.
In general, we review de novo a district court’s determination whether probable cause is lacking because of alleged misstatements in the supporting affidavit for a warrant. United States v. Elliott, 322 F.3d 710, 714 (9th Cir.2003). Because Doney did not raise this argument to the district…