U.S. v. DAVIS

Nos. 07-30219, 07-30220, 07-30226.

530 F.3d 1069 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Orland DAVIS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Cynthia Jean Davis, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jeffrey Allen Davis, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2008.


Attorney(s) appearing for the Case

Steven Jacobsen, Assistant Federal Public Defender, Portland, OR, for defendant-appellant Jeffrey Allen Davis.

Marc Friedman, Eugene, OR, for defendant-appellant Cynthia Jean Davis.

Robert M. Stone, Medford, OR, for defendant-appellant Richard Orland Davis.

Douglas W. Fong, Assistant United States Attorney, Medford, OR, Kelly A. Zusman, Assistant United States Attorney, Portland, OR, for the plaintiff-appellee.

Before: RICHARD C. TALLMAN, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.


N.R. SMITH, Circuit Judge:

On October 22, 2004, law enforcement agents executed a search warrant and raided a large marijuana growing operation on private property in rural Oregon belonging to Jeffrey and Cynthia Davis. While officers were executing the search warrant on the Davis's property,1 Jeffrey Davis's brother, Richard Davis, drove onto the property through a locked gate and, when asked, told officers in a moment of omniscient honesty...

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