Ramirez
United States v. Ramirez
Opinion
Lead Opinion
MEMORANDUM *
Merced Lopez Ramirez appeals his conviction and sentence under 21 U.S.C. §§ 841 (a)(1) and 846 for conspiring to manufacture and to possess with intent to distribute methamphetamine. We affirm the conviction, and remand the sentence.
The issuance of a search warrant is reviewed for clear error, to determine whether there was a substantial basis to conclude that the warrant was supported by probable cause. United States v. Fernandez, 388 F.3d 1199, 1252 (9th Cir.2004), modified by 425 F.3d 1248 (9th Cir.2005). Considering the totality of the circumstances, the issuing judge must determine whether there is a “fair probability” that evidence of a crime will be found in a particular place. Id. In making this determination, the judge must make a practical, common-sense decision, and may rely on the training and experience of affiant police officers. United States v. Chavez-Miranda, 306 F.3d 973, 978 (9th Cir.2002). While the evidence obtained through observation of Ramirez alone may not have been overtly incriminating, evidence of his connection to the other defendants and the corroboration of informants’ tips (which implicated his residence as a distribution *539 site)…