Ninth Circuit: USA V. JIMMY TORRES


Fourth Amendment, Sentencing


Police impoundment and inventory procedures are sufficiently canalized to assure that impoundment of vehicle from unlicensed driver without proof of ownership and subsequent search of the air filter did not violate the Fourth Amendment.

As magistrate's recommendation was adopted in full, judge's subsequent comments in tension with its findings did not violate due process, and the magistrate's findings are not facially inconsistent with the justification for the inventory search.

Appeals waiver does not bar challenge to residual clause sentencing.

Guidelines residual clause void for vagueness, according to government's concession.  Assumed without being decided.


USA V. JIMMY TORRES