NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-10317
Plaintiff - Appellee, D.C. No. 1:12-cr-00055-JMS-1
v.
MEMORANDUM*
MICHAEL SAKUMA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, District Judge, Presiding
Submitted October 8, 2014**
University of Hawaii William S. Richardson School of Law
Honolulu, Hawaii
Before: TASHIMA, RAWLINSON, and CLIFTON, Circuit Judges.
Appellant Michael Sakuma (Sakuma) entered a conditional guilty plea to
conspiracy to distribute and possession with intent to distribute 500 grams or more
of a mixture and substance containing methamphetamine. He now appeals the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
district court’s denial of his motion to suppress evidence obtained pursuant to a
state court search warrant.
The district court did not err in finding that the good faith exception applied
to any deficiency in the warrant because the police officers’ reliance on the warrant
was not per se unreasonable. See United States v. Leon, 468 U.S. 897, 922-23
(1984). The issuing judge was not misled by information that was recklessly or
knowingly omitted from the affidavit, nor did the issuing judge wholly abandon his
judicial role. See id. at 923. Moreover, the affidavit was not “so lacking in indicia
of probable cause as to render official belief in its existence entirely
unreasonable[,]” or facially deficient. Id.
AFFIRMED.
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