United States v. Trinh, No. 10-1556 (1st Cir. 2011)Annotate this Case
Defendant was convicted of conspiring to distribute and possess, with intent to distribute, 1,000 kilograms or more of marijuana; money laundering; engaging in unlawful monetary transactions; and perjury. The First Circuit affirmed, rejecting an argument that the district court improperly denied motion to suppress evidence. Information supporting the search warrant was not stale and was sufficiently particularized, despite not mentioning growing materials. Because no evidence concerning the leaf was introduced, defendant's argument that a marijuana leaf was destroyed in "bad faith," before it could be tested, was moot. The record indicated no prejudice from denial of a motion to sever. The court followed appropriate procedures in removing a juror and removal of the juror did not create improper inference amongst the jury that the removal was based on wrongdoing that members inevitably would associate with defendant.