Roque-Rodriguez

MEMORANDUM *

Armando Roque-Rodriguez 1 appeals his conviction for conspiracy to manufacture and distribute methamphetamine, in violation of 21 U.S.C. §§ 846 , 841(a)(1), and for illegal possession of a listed chemical, in violation of 21 U.S.C. § 841 (c)(2).

The search warrant was supported by probable cause. The information in the affidavit linking defendant to drug trafficking was not “stale.” “Staleness must be evaluated in light of the particular facts of the case and the nature of the criminal activity and property sought.” United States v. Greany, 929 F.2d 523, 525 (9th Cir.1991). The magistrate judge was entitled to rely on Agent Chang’s affidavit stating that drug traffickers keep records, customer lists, and similar documents for long periods of time, and to conclude that it would be reasonable to seek such documentary evidence at the subject premises. See id. (“One may properly infer that ... records of the criminal activity will be kept for some period of time.”); United States v. Dozier, 844 F.2d 701, 707 (9th Cir.1988) (“The mere lapse of substantial amounts of time is not controlling in a question of staleness.... The documentary records sought are the type of…