United States v. Gilberto Martinez

MEMORANDUM

Defendant Gilberto Martinez appeals his convictions, after a jury trial, for possess ing five kilograms or more of cocaine with intent to distribute; possessing 100 kilograms or more of marijuana with intent to distribute; possessing 50 grams or more of methamphetamine with intent to distribute; using, carrying, or possessing a firearm in furtherance of a drug-trafficking crime; and being a felon in possession of firearms and/or ammunition, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A)(ii)(II), (b)(1)(B)(vii) & (b)(1)(A)(viii); 18 U.S.C. § 924 (a)(2) & (c)(1)(A)(i); and 18 U.S.C. § 922 (g)(1). We affirm.

1. On de novo review, United States v. Duenas, 691 F.3d 1070, 1079 (9th Cir. 2012), we hold that the district court properly denied the motion to suppress. Probable cause and exigent circumstances justified the warrantless entry and limited search of the home, see Hopkins v. Bonvicino, 573 F.3d 752, 766-67 (9th Cir. 2009) (stating those two requirements for war-rantless entry). At approximately 2:50 a.m. on March 31, 2014, an anonymous 911 caller reported that he saw four or five males—at least one of whom was armed— break into a nearby duplex by kicking down the…