United States v. Ricky Lee Newton

While I agree with the majority’s resolution of Newton’s claims as to the sufficiency of the evidence, prosecutorial misconduct, and sentencing, I write separately to express my discomfort with its resolution of Newton’s challenge to the search warrants issued for his properties, and I dissent from the majority’s resolution of Newton’s competency claim.

I. SUFFICIENCY OF THE AFFIDAVIT

In this case, the district court below and the majority opinion today both find probable cause to search properties associated with Newton on the strength of his involvement with the marijuana conspiracy and the…