United States v. Vasquez, 654 F.3d 880

Government obtained a warrant to search Vasquez's home for RICO-related evidence; affidavit tied Vasquez to Mongols Hemet Chapter and its officers through notes, rosters, and leadership roles.
Vasquez was named in the affidavit as Hemet Chapter President; the warrant sought Mongols documents including meeting notes and bylaws located at officers' residences.
Executed October 21, 2008; search recovered firearms (Beretta in a sock with magazines) and a Cobray Mac-11 with hundreds of rounds, along with Mongols paraphernalia and member records.
Vasquez was indicted for being a felon in possession of firearms; several suppression motions followed challenging probable cause and Franks issues.
District court denied suppression; transfer to another judge and reconsideration preserved the search as valid; Vasquez proceeded to bench trial and was convicted.
PSR calculated guidelines range; judge lowered criminal history category and sentenced Vasquez to 36 months, below the initial range.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the search warrant was valid and sufficiently particular	Vasquez contends warrant lacked probable cause and overbreadth.	Vasquez argues the warrant improperly relied on his presidency for probable cause and was a general warrant.	Warrant valid; probable cause and particularity satisfied.
Whether the district court should have held a Franks hearing	If the president designation was false, it could undermine probable cause.	Even assuming falsity, officer status as an officer supports probable cause; materiality immaterial.	Franks hearing not required; immaterial falsity did not undermine probable cause.
Whether there was sufficient evidence of constructive possession	Evidence surrounding Vasquez’s garage and his related Mongols items established dominion and control.	Argues lack of direct ownership or control; denies possession.	Sufficient circumstantial evidence supported constructive possession.
Whether the sentence was substantively reasonable	Judge properly weighed factors and imposed below-Guidelines term consistent with seriousness.	Argues disparities with co-defendants and leniency were warranted.	Sentence upheld as reasonable exercise of discretion below guidelines.

United States v. Collins, 427 F.3d 688 (9th Cir. 2005) (probable cause standard for warrants in joint search.)
United States v. Chavez-Miranda, 306 F.3d 973 (9th Cir. 2002) (probable cause and inferences from informants.)
United States v. Chesher, 678 F.2d 1353 (9th Cir. 1982) (role of officers as officers; warrants and probable cause thresholds.)
United States v. Rubio, 727 F.2d 786 (9th Cir. 1983) (nexus between location searched and criminal activity; emphasis on activity documented by records.)
United States v. Apker, 705 F.2d 293 (8th Cir. 1983) (limits of warrant scope; minutes of meetings as targeted evidence rather than membership evidence.)
United States v. Stubbs, 873 F.2d 210 (9th Cir. 1989) (particularity and differentiation standards for seizure items.)
United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule.)
Illinois v. Gates, 462 U.S. 213 (1983) (standard for probable cause in warrant issuance (totality of the circumstances).)
Franks v. Delaware, 438 U.S. 154 (1978) (Franks hearing for allegedly false statements in an affidavit.)
United States v. Nevils, 598 F.3d 1158 (9th Cir. 2010) (en banc; knowledge and intent in constructive possession can be inferred.)