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39 F.3d 1189

Docket No. 94-30050.

United States v. Ricardo Moreno, United States of America v. Claudio Cruz Ortega

Ninth Circuit Court of Appeals

Submitted Oct. 17, 1994.* Decided Oct. 27, 1994.

Ninth Circuit Court of Appeals · decided 1994-11-01

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on United States v. Schaff · United States v. Thomas Andrew John

Decided 1994-11-01

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Before: BROWNING, FARRIS and LEAVY, Circuit Judges.

¶1

MEMORANDUM…

¶2

Brian Lee Callicott appeals his conviction for conspiracy to manufacture marijuana, in violation of 21 U.S.C. Secs. 841(a)(1) and 846. He contends that the district court erred by denying his motion to suppress evidence seized pursuant to a search of the residence he rented with codefendant Susan Secomb. In United States v. Secomb, No. 94-30046 (unpublished disposition filed September 21, 1994), we reversed codefendant Secomb's conviction on the same grounds raised by Callicott. That holding is the law of the case and governs our decision here. See United States v. Schaff, 948 F.2d 501, 506 (9th Cir.1991). Accordingly, Callicott's conviction is

¶3

REVERSED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

…

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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