United States Ninth Circuit

A conviction for being a felon in possession is affirmed over a claim that the district court erred when it denied his motion to suppress the gun, where an officer's initial warrantless entry into an apartment was justified by exigent circumstances and, as a result, the subsequent seizure of defendant's handgun - this time, accomplished with warrant in hand - was not unconstitutional under the Fourth Amendment.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• Before BETTY B. FLETCHER and MARSHA S. BERZON, Circuit Judges, and DAVID G. TRAGER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Anne Traum, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant., J. Gregory Damm, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.