United States Ninth Circuit

Defendant's conviction for possession with intent to distribute methamphetamine is affirmed where: 1) the district court properly denied a motion to dismiss his indictment for vindictive prosecution; and 2) under applicable recent Supreme Court precedent, because California's parole-search statute governed his parole, and he signed a Notice and Conditions of Parole submitting himself and his residence to a warrantless, suspicionless search, neither the protective sweep nor the parole search at issue violated the Fourth Amendment.

Appellate Information

• Decided 02/05/2007
• Published 02/05/2007

Judges

• GOULD, Circuit Judge., Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Richard D. Rome, Esq., Van Nuys, CA, for defendant-appellant Hector Ruben Lopez., Jerry A. Behnke, Assistant United States Attorney, Riverside, CA, for plaintiff-appellee United States of America.