United States v. Michael Palumbo

MEMORANDUM

Defendant Michael Paul Palumbo (“Pa-lumbo”) appeals his jury conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g) and 924(a); possessing with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(B)(viii); and possession of a firearm in relation to or in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). Pa-lumbo contends that (1) the district court erred in denying the motion to suppress evidence resulting from his arrest because the officers did not have probable cause to arrest him, and (2) the district court committed plain error in finding that the search of Palumbo’s vehicle was a legitimate inventory search pursuant to an arrest. For the reasons stated herein, we affirm.

Turning first to the denial of the motion to suppress, we review a district court’s denial of a motion to suppress evidence de novo, but review its underlying factual findings for clear error. United States v. Summers, 268 F.3d 683, 686 (9th Cir.2001). Palumbo contends that the district court erred in denying the motion to suppress evidence obtained in connection with his…