United States v. Bragg
Opinion of the Court
MEMORANDUM
In September 1999, federal agents received a tip from a known informant that there was an indoor marijuana grow on some property in the Matanuska Valley in Aaska. The agents investigated the tip by walking up the driveway of the property to see if they could detect the odor of marijuana. When they were about 45 feet up the driveway, the agents smelled marijuana. On the basis of this observation, the agents secured a search warrant. Upon executing the search warrant, the agents discovered 136 marijuana plants.
After reviewing the record, we conclude that the district court’s finding that Bragg did not reside in the building that housed the marijuana was not clearly erroneous.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. During oral argument, counsel for both sides agreed that we should review the district court's finding under a clearly erroneous standard.
Reference
- Full Case Name
- United States v. William E. BRAGG
- Status
- Published