United States v. Edward Wayne Martinez

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward Wayne MARTINEZ, Defendant-Appellant. No. 91-10324. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1992. Decided Sept. 28, 1992. As Amended Nov. 12, 1992. Before WALLACE, Chief Judge, and CHOY and POOLE, Circuit Judges. 1 MEMORANDUM * I. 2 Appellant Edward Wayne Martinez had absconded from parole in June, 1989, when Officer Howard Saxon of the Nevada Department of Parole and Probation was assigned to locate him. On June 28, 1989, Officer Saxon accompanied by two other officers went to an apartment complex where Martinez was reportedly residing. The officers were contacted by appellant's apartment manager, who provided them with the key to the apartment and a copy of the lease with the name and signature of Mark Garcia on it. The officers knocked on appellant's door, identified themselves, and heard "scurrying around inside the…