Franklin

United States v. Franklin

Good Law
233 F. App'x 741
United States Court of Appeals for the Ninth CircuitMay 29, 2007No. 06-30440California616 words

Opinion

Lead Opinion

*742 MEMORANDUM *

On January 17, 2006, a two-count indict- . ment was filed against the defendant-appellant in this case, Jerry B. Franklin Jr. (“Franklin”). Count One of the indictment charged Franklin with possession with intent to distribute 5 or more grams of methamphetamine. 21 U.S.C. §§ 841 (a)(1), (b)(1)(B). Count Two of the indictment charged Franklin with attempted manufacture of methamphetamine. 21 U.S.C. §§ 841 (b)(1)(C), 846.

In response, Franklin filed a motion to suppress, arguing that all the evidence used to support the government’s indictment was the product of an unlawful inventory search and thus needed to be excluded. A magistrate judge recommended that Franklin’s motion be denied, and the district court ultimately adopted the magistrate’s recommendation.

Thereafter, Franklin entered a conditional plea of guilty and was sentenced to 60 months in prison and 48 months of supervised release. As part of his guilty plea, however, Franklin reserved the right to appeal, and now does, the district court’s denial of his motion to suppress.

We review the district court’s denial of the motion to suppress de novo. United States v. Kemmish, 120 F.3d 937, 939 (9th…

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