Martinez-Garcia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30532 Plaintiff-Appellee, D.C. No. v.  CR-03-30024-1-

SALVADOR MARTINEZ-GARCIA, MRH

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Oregon Michael R. Hogan, Chief District Judge, Presiding

Argued and Submitted September 17, 2004—Portland, Oregon

Filed February 11, 2005

Before: J. Clifford Wallace, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Gould COUNSEL

Tonia L. Moro, Assistant Federal Public Defender, for the defendant-appellant.

Karin J. Immergut, United States Attorney, Douglas W. Fong, Assistant United States Attorney, for the plaintiff-appellee.

OPINION

GOULD, Circuit Judge:

Salvador Martinez-Garcia appeals his conviction for pos- sessing a firearm as an illegal alien, in violation of 18 U.S.C. § 922(g)(5) (2000). Martinez-Garcia argues that the firearm, seized pursuant to a search warrant for his home, should have been suppressed due to alleged violations of the Fourth Amendment and Federal…