United States v. Jacob Del Mundo Faagai

Dissent by Judge KOZINSKI

OPINION

BEA, Circuit Judge:

I. Background

From August to November 2012, John Penitani-(“Penitani”) was the primary target of a court-authorized wiretap investigation.' The purpose of the investigation was to identify Penitani’s drug trafficking organization, including his sources of methamphetamine.

Law enforcement agents’ began investigating Penitani in July 2012, based on the seizure of 14 ounces of methamphetamine and approximately $3,600 from Penitani’s cousin, Makusi Penitani (“Makusi”). Makusi told law enforcement agents that he had obtained the seized…