Boyer

United States v. Boyer

Good Law
275 F. App'x 655
United States Court of Appeals for the Ninth CircuitApril 24, 2008Nos. 06-50262, 06-50266, 06-50324California528 words

Opinion

Lead Opinion

MEMORANDUM *

Richard Boyer and Stephen Smith appeal the district court’s denial of their motion to suppress evidence collected by the Government on July 19,1999 related to its investigation of their involvement in fraud, money laundering, and tax evasion, among other crimes. The Government cross-appeals Boyer’s sentence of 12 months and 1 day, which falls below the Guidelines range of 46-57 months. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Motion to Suppress

The district court did not err in denying the motion to suppress. The district court found that Victor Vilaplana, bankruptcy trustee for Basic Research Corporation, “maintained control and custody over all the documents in the office,” — including attorney-client privileged documents — with the exception of Smith Technology Development, LLC’s (“STD”) documents and Boyer’s personal documents. The district court also found that Boyer was given an opportunity to segregate STD documents. Finally, the district court found that Boyer had “fail[ed] to establish that any personal records were produced,” and that, in any event, “[ujndisputed evidence reveals that the offices occupied by Mr. Boyer were…

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