United States v. Kleinman, No. 14-50585 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute and possess marijuana, distribution of marijuana, maintaining a drug-involved premises, and conspiracy to commit money laundering. The convictions stemmed from defendant's involvement in an operation of purported medical-marijuana collective storefronts. The panel held that defendant was not entitled to remand for an evidentiary hearing on his state law compliance; the district court erred by giving an overly strong anti-nullification jury instruction, but the error was harmless; the district court did not err by denying defendant's motion to suppress evidence seized pursuant to a state search warrant; the district court did not err by denying defendant's motion for a Franks hearing; the district court did not err by declining to instruct the jury on defendant's joint ownership defense; the district court did not abuse its discretion by considering the government's late-filed objections to the presentence report; and defendant's 211 month sentence was substantively and procedurally reasonable. The panel found defendant's remaining challenges on appeal were without merit.