United States v. John Robert Lucas

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Robert LUCAS, Defendant-Appellant. No. 92-10390. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 11, 1993. Decided April 13, 1993. Before NORRIS, HALL and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 John Robert Lucas appeals his conviction and sentence following a conditional guilty plea to possession of an unregistered machine gun, in violation of 26 U.S.C. § 5861 (d), and to being a felon in possession of firearms, in violation of 18 U.S.C. § 922 (g)(1). Lucas contends that the district court erred by failing to suppress evidence of the firearms because it was obtained as a result of an unlawful entry. We reverse. BACKGROUND 3 On January 30, 1991, Oakland police sergeant Dan Mercado was assigned to investigate a double murder in Oakland, California. On February 11, 1991, an unknown male called the Oakland Police…