Boechler
United States v. Boechler
Opinion
Lead Opinion
MEMORANDUM **
Dan C. Boechler appeals a final judgment of conviction for identity theft in violation of 18 U.S.C. § 1028 (a)(6) and retention of stolen government records in violation of 18 U.S.C. § 641 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
*689 As the facts and procedural history of this case are familiar to the parties we do not repeat them here.
We reject Boechler’s contention that the search of his home violated the Fourth Amendment. 1 The search warrant was valid, United States v. Bridges, 344 F.3d 1010, 1016-17 (9th Cir.2003), and the officers did not exceed the scope of the warrant in executing the search, United States v. Ross, 456 U.S. 798, 820-21 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982); see also United States v. Gomez-Soto, 723 F.2d 649, 654 (9th Cir.1984). Further, the officers’ seizure of numerous items in Boechler’s residence before issuance of the second search warrant was justified under the “plain view” exception to the warrant requirement. United States v. Hudson, 100 F.3d 1409, 1420 (9th Cir.1996). Here, the officers were lawfully on Boechler’s property under authority of the lawful search warrant, and the incriminatory nature…