United States Ninth Circuit

Conviction for possession with intent to distribute methamphetamine violation of 21 U.S.C. section 841(a)(1) is vacated and certain discovery rulings reversed where: 1) the District Court abused its discretion by denying the defendant's pretrial motion for discovery relating to the constitutionality of a Border Patrol checkpoint at which the defendant was detained and his car searched; 2) the District Court abused its discretion by denying the defendant's motion for discovery on the government's investigation into a drug smuggling operation; and 3) the denial of a suppression motion in so far as it was based on a claimed lack of probable cause for the search of the defendant's car.

Appellate Information

• Published 2016/09/16

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel