Boechler

United States v. Boechler

Good Law
220 F. App'x 688
United States Court of Appeals for the Ninth CircuitFebruary 15, 2007No. 06-30229California447 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.