FILED
NOT FOR PUBLICATION OCT 22 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10415
Plaintiff - Appellee, D.C. No. 3:11-cr-00647-RS-1
v.
MEMORANDUM*
ARNOLDO FARIAS-SANCHEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Richard Seeborg, District Judge, Presiding
Submitted October 7, 2014**
San Francisco, California
Before: IKUTA, N.R. SMITH, and MURGUIA, Circuit Judges.
Arnoldo Farias-Sanchez appeals the district court’s denial of his motion to
suppress evidence of drugs and guns found in his apartment. Following the denial
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. Fed. R. App. P. 34(a)(2)(C).
of his suppression motion, Farias-Sanchez pled guilty to possession of
methamphetamine with the intent to distribute, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A)(viii), and possession of a firearm in furtherance of a drug
trafficking crime, in violation of 18 U.S.C. § 924(c). We have jurisdiction under
28 U.S.C. § 1291. Reviewing the district court’s denial of Farias-Sanchez’s
motion to suppress de novo and its underlying findings of fact for clear error, see
United States v. Rodgers, 656 F.3d 1023, 1026 (9th Cir. 2011), we affirm.
As an initial matter, Farias-Sanchez requests remand for review of a sealed
affidavit from a confidential informant, which the state judge relied on in issuing
the search warrant. Farias-Sanchez waived his ability to raise this particular issue
in his plea agreement. See United States v. Alexander, 761 F.2d 1294, 1303 (9th
Cir. 1985).
We review de novo whether probable cause existed. Rodgers, 656 F.3d at
1026. Giving no deference to the issuing state judge, it is clear that there is
sufficient probable cause to support the search warrant even without the sealed
information from the confidential informant. See United States v. Kelley, 482 F.3d
1047, 1051 (9th Cir. 2007). Special Agent Green’s affidavit thoroughly details
five surveillance missions, in which officers observed Farias-Sanchez participate in
several suspicious meetings and engage in counter-surveillance driving. Special
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Agent Green’s affidavit also included information that the officers learned about
Farias-Sanchez during the course of their investigation, including the fact that
thirteen ounces of methamphetamine, approximately $5,000 in cash, and a “pay-
owe” sheet were found in Farias-Sanchez’s car just one year earlier. Officers also
observed Farias-Sanchez interact with people with known drug associations. On
appeal, Farias-Sanchez offers a possible innocent explanation for each of his
activities. But, as recognized by the district court, Farias-Sanchez’s approach is
inconsistent with the totality-of-the-circumstances standard. See United States v.
Ocampo, 937 F.2d 485, 490 (9th Cir. 1991). Considering the totality of the
circumstances, we hold that Special Agent Green’s affidavit established a fair
probability that Farias-Sanchez possessed methamphetamine with the intent to
distribute, allowing issuance of the search warrant. See Illinois v. Gates, 462 U.S.
213, 238 (1983).
AFFIRMED.
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