Ceballos

United States v. Ceballos

Good Law
253 F. App'x 712
United States Court of Appeals for the Ninth CircuitNovember 8, 2007No. 06-30561California971 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Jubenal Medina Ceballos appeals his conviction for conspiracy to distribute methamphetamine, 21 U.S.C. § 846 , and distribution of methamphetamine, id. § 841(a). He also appeals his 151-month sentence. We affirm.

1. Reviewing de novo, United States v. Nielsen, 371 F.Sd 574, 579 (9th Cir.2004), we hold that probable cause sup *714 ported the search warrant for the residence at 1310 Sharon Avenue, the arrest of Defendant, and the search of the red Jeep Cherokee. The facts alleged in the supporting affidavit indicated “a fair probability that contraband or evidence of a crime” would be found at the residence, United States v. Diaz, 491 F.3d 1074, 1078 (9th Cir.2007) (internal quotation marks omitted), “a ‘fair probability5 that [Defendant] ha[d] committed a crime,” United States v. Hartz, 458 F.3d 1011, 1018 (9th Cir.2006), and a fair probability that the red Jeep Cherokee had been used “in a[ ] manner to facilitate the transportation, sale, receipt, possession, or concealment of [controlled substances],” 21 U.S.C. § 881 (a)(4); see Florida v. White, 526 U.S. 559, 563 , 119 S.Ct. 1555 , 143 L.Ed.2d 748 (1999) (holding that a search of a vehicle is warranted…

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