Fernandez

United States v. Fernandez

Good Law
280 F. App'x 603
United States Court of Appeals for the Ninth CircuitMay 27, 2008No. 06-50595California355 words

Opinion

Lead Opinion

MEMORANDUM *

Ramon Sanchez Fernandez appeals from his conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1), and for aiding and abetting the distribution of cocaine in violation of 18 U.S.C. § 2 . The facts and prior proceedings are known to the parties and are repeated herein only as necessary.

We reject Fernandez’s argument that the government’s wiretap applications failed to demonstrate the necessity of the requested surveillance. See United States *605 v. Decoud, 456 F.3d 996 , 1006 (9th Cir.2006). Fernandez fails to point to any portion of the applications that constitute “generalized statements that would be true of any narcotics investigation,” United States v. Blackmon, 273 F.3d 1204, 1208 (9th Cir.2001), nor does he cite to any portion of the record supporting his assertion that any confidential sources were available to the government when it filed the wiretap applications. Moreover, while the government did not inform the district court of its belief that a target suspect had adopted a new alias, such omission was immaterial because its inclusion would serve only to bolster the applications; the district court separately found…

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