USA V. MIGUEL VASQUEZ
Warrant had probable cause, as informants identified the deft as the leader of a gang, and Magistrate could reasonably conclude that records would be found at his house.
Warrant was not overbroad, as it was only for documents relating to the gang.
No error in denial of Franks hearing to challenge informant's characterization of him as "president" of the group, as mere officer would have sufficed for the search.
Sufficient Evidence.
Sentence substantively reasonable, even though several RICO defts in same group got less.
Monday, August 15, 2011
Ninth Circuit -- USA V. MIGUEL VASQUEZ
Labels:
Crim,
Fourth Amendment,
Sentencing,
Sufficient Evidence
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Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.
Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.