United States v. Joseph Pinson

ROSS, Senior Circuit Judge.

Appellant Joseph Pinson appeals from the jury verdict finding him guilty of one count of manufacturing over 100 marijuana plants in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). On appeal, Pinson claims the government’s aerial surveillance of his residence with an electronic device known as a Forward Looking Infrared Device (FLIR) constituted an illegal search in violation of his Fourth Amendment rights. Pinson also challenges the district court’s 1 refusal to grant a downward departure under the “lesser harms” exception of U.S.S.G. § 5K2.11. After careful…