United States of America v. Miguel Leon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL LEON,
Defendant - Appellant.
No. 12-10396
D.C. No. 1:09-cr-00452-JMS-1
MEMORANDUM *
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, District Judge, Presiding
Argued and Submitted October 8, 2013
Honolulu, Hawaii
Before: KOZINSKI, Chief Judge, FISHER and WATFORD, Circuit Judges.
As appellant acknowledged in his briefs, and at oral argument, the
application of the good-faith exception to this case is controlled by United States v.
Pineda-Moreno, 688 F.3d 1087 (9th Cir. 2012), which held that officers who
placed and monitored a GPS device on a suspect’s car reasonably relied on then-
FILED
JAN 31 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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binding precedent. As a three-judge panel, we are bound by Pineda-Moreno. See
generally Miller v. Gammie, 335 F.3d 889 (9th Cir. 2003) (en banc). Thus,
although the government conceded below that the placement and use of a GPS
device on Leon’s vehicle was unconstitutional under United States v. Jones, 132 S.
Ct. 945 (2012), the district court did not err in ruling that the fruits of these
searches were nevertheless admissible under the good-faith exception to the
exclusionary rule. Pineda-Moreno, 688 F.3d at 1090–91.
AFFIRMED.

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