United States Ninth Circuit

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US v. Nguyen, 11-50061

In a prosecution for obstruction of justice for the defendant's failure to disclose the full extent of his knowledge regarding the mailing of a letter that could reasonably be believed to constitute an attempt at voter intimidation, the district court's denial of the defendant's motion to suppress evidence obtained pursuant to a search warrant is affirmed, where the contents of the letter and the circumstances of its distribution were sufficient to allow the magistrate to conclude that there was a fair probability that the mailing constituted a violation of California Election Code section 18540.

Appellate Information

  • Decided 03/23/2012
  • Published 03/23/2012

Judges

  • Reinhardt

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • H. Dean Stewart, Erin H. Flynn