Opinion
No. 12-10396 D.C. No. 1:09-cr-00452-JMS-1
01-31-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MIGUEL LEON, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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- 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.