King

United States v. King

Good Law
212 F. App'x 623
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-10804California514 words

Opinion

Lead Opinion

MEMORANDUM **

Troy Eugene King (“King”) appeals his conviction and sentence on two counts of possession and distribution of cocaine base and one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a). We affirm.

The district court did not err by denying King’s motion to suppress evidence. Although it had been several months from the date of the last controlled buy directly from King, the supporting affidavit presented substantial evidence that King was the leader of an established and ongoing drug operation. United States v. Pitts, 6 F.3d 1366, 1369-70 (9th Cir.1993); United States v. Hernandez-Escarsega, 886 F.2d 1560, 1566 (9th Cir.1989). In addition, even if the affidavit did not support probable cause for the warrant, suppression was not appropriate because the officers could reasonably rely in good faith on the warrant. United States v. Leon, 468 U.S. 897, 921-22 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984).

This circuit has construed the term “cocaine base” in 21 U.S.C. § 841 (b) to mean “cocaine that can be smoked,” as opposed to cocaine hydrochloride, the powder version of cocaine. United States v. Shaw, 936 F.2d 412, 416 (9th Cir.1991).…

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