United States Ninth Circuit

Grant of a new trial and a judgment of acquittal in a drug- and firearm-related case are reversed where: 1) even if a failure to provide defendant a copy of the warrant was a constitutional violation, which the court does not decide, it was not a "but-for cause" of the seizure of evidence for purposes of suppression; and 2) a reasonable trier of fact could easily find that a gun was used "in furtherance" of drug trafficking.

Appellate Information

• Decided 01/25/2007
• Published 01/25/2007

Judges

• McKEOWN, Circuit Judge., Before CYNTHIA HOLCOMB HALL, M. MARGARET McKEOWN, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Debra Wong Yang, Thomas P. O'Brien, and Fred A. Rowley, Jr., U.S. Attys., Erik M. Silber, Asst. U.S. Attorney, Los Angeles, CA, for the plaintiff-appellant.


• For Appellees:
  
• Dean R. Gits and Davina T. Chen, Fed. Public Defenders, Los Angeles, CA, for the defendant-appellee.