Guzman

United States v. Guzman

Good Law
225 F. App'x 496
United States Court of Appeals for the Ninth CircuitMarch 15, 2007No. 05-50335California570 words

Opinion

Lead Opinion

*497 MEMORANDUM **

Robert Guzman was convicted of and sentenced for mail fraud. See 18 U.S.C. § 1341 . He appeals his conviction, one term of supervised release, and the order of restitution. We affirm in part and vacate and remand in part.

(1) Guzman appeals his conviction on the basis that certain evidence should have been suppressed. However, he did not move to suppress that evidence before trial or at all, and has not shown good cause for the failure. Thus, he has waived the issue. See Fed.R.Crim.P. 12(b)(3)(C), (c), (e); United States v. Anderson, 472 F.3d 662, 668-70 (9th Cir.2006); United States v. Wright, 215 F.3d 1020, 1026 (9th Cir.2000). We will not consider the issue. See Wright, 215 F.3d at 1027 .

(2) Guzman asserts that a term of supervised release which precluded him from associating with any person convicted of a felony was not proper. We disagree. It was clearly designed to deter him, to rehabilitate him and to protect the public. See 18 U.S.C. §§ 3583 (c)-(d), 3553(a)(1), (2)(B)-(D). In fact, it is a standard condition suggested by the United States Sentencing Commission. See USSG § 5B1.4(a)(9) (Nov. 1, 1995). Nor did the district court abuse its considerable…

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