United States v. Hector Ricano-Gavino, AKA Carlos Andrade-Ramirez

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Hector RICANO-GAVINO, aka Carlos Andrade-Ramirez, Defendant-Appellant. No. 90-50361. United States Court of Appeals, Ninth Circuit. Submitted March 5, 1991. * Decided Aug. 16, 1991. Before PREGERSON, CYNTHIA HOLCOMB HALL and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Hector Ricano-Gavino appeals his conviction, after a jury trial, of conspiracy to possess a controlled substance (marijuana) with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He argues that certain items of evidence were seized in violation of his Fourth Amendment rights. He also argues that his post-arrest statements were not voluntary and should not have been admitted. We affirm. I. 3 The police entered Ricano-Gavino's home shortly after they arrested him. While in Ricano-Gavino's home the police seized an assault rifle without a warrant. This rifle was used in…