United States v. Charles Patrick Bookout

LOGAN, Circuit Judge.

Defendant, Charles Patrick Bookout, appeals from his conviction on a contingent guilty plea to possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841, and aiding and abetting, in violation of 18 U.S.C. § 2. On appeal, he argues that because a search warrant was obtained from a state judge who was not “a judge of a court of record” as required by Fed.R.Crim.P. 41(a), the evidence seized in a search of his residence pursuant to the warrant must be suppressed.

The search and seizure at issue resulted from an elaborate surveillance operation…