United States v. Stockton

MEMORANDUM **

Michael Lee Stockton appeals his convictions for possession with intent to distribute 100 kilograms of marijuana, in violation of 21 U.S.C. § 841 (a)(1); conspiracy to possess with intent to distribute 100 kilograms of marijuana, in violation of 21 U.S.C. § 846 ; conspiracy to import 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 952 , 963; and damage to government property, in violation of 18 U.S.C. § 1361 . He also appeals his sentence. Because the parties are familiar with the facts, we will not recite them here.

*662 I.

Stockton challenges the district court’s denial of his motions to suppress evidence of marijuana discovered by border patrol agents in a search of his rental property, a shed where he lived. The search followed two warrantless entries onto the property, and the warrant finally obtained was based on an affidavit that contained statements the government has admitted were false. Although the district court erred in sanctioning the warrantless searches, even without the disputed portions of the affidavit supporting the warrant, the final search would survive probable cause analysis. See Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct.…