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U.S. v. NIELSEN

No. 03-30347.

371 F.3d 574 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Merrill NIELSEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2004.

Attorney(s) appearing for the Case

Ronald J. Yengich and Vanessa Ramos-Smith, Salt Lake City, UT, for the defendant-appellant.

William W. Mercer and James Seykora, U.S. Department of Justice, Billings, MT; and Demetra Lambros, U.S. Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: A. WALLACE TASHIMA, RICHARD A. PAEZ, and CARLOS T. BEA, Circuit Judges.

BEA, Circuit Judge:

Douglas Merrill Nielsen ("Nielsen") appeals his conviction and sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Nielsen contends that the warrant issued to search his home was unsupported by probable cause; that testimonial hearsay was introduced at his trial in violation of the Confrontation Clause; and that the district court erred in declining to grant a downward adjustment for...

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