Perry

United States v. Perry

Good Law
190 F. App'x 571
United States Court of Appeals for the Ninth CircuitJuly 21, 2006No. 05-10239California1,259 words

Opinion

Lead Opinion

MEMORANDUM *

Dennis Perry (“Perry”) appeals his conviction for being a felon in possession of a firearm and ammunition. He also appeals his 200-month sentence. We have jurisdiction under 28 U.S.C. § 1291 to review the district court’s final judgment. We affirm Perry’s conviction and remand for a *573 limited resentencing with regard to the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e)(1).

1. The district court did not err in finding that the warrants to search Perry’s residence and car were supported by probable cause. 1 The magistrate judge had a substantial basis for concluding that probable cause to conduct the searches existed. See United States v. McQuisten, 795 F.2d 858, 861 (9th Cir.1986) (upholding a search warrant where “under the totality of the circumstances the magistrate had a substantial basis for concluding that probable cause existed”).

The affidavit filed in support of the warrant to search Perry’s residence included telephone calls between Perry and known drug dealers and statements by the security officer at Perry’s condominium complex that activities commonly associated with drug dealing occurred around Perry’s condo. The affidavit also included…

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