United States v. John Paul Johnson

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Paul JOHNSON, Defendant-Appellant No. 92-30278. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1993. Decided Sept. 29, 1993. 1 Before: PREGERSON and KLEINFELD, Circuit Judges, and LEGGE, District Judge. * 2 MEMORANDUM ** 3 Appellant John Paul Johnson was convicted of possession of a firearm by an ex-felon, in violation of 18 U.S.C. § 922 (g)(1). He appeals the district court's decision not to suppress the evidence of a gun found during a protective sweep of his home. Appellant argues that 1) the protective sweep was not justified; 2) the firearm was not found in plain view; and 3) the protective sweep was the tainted fruit of a previous unlawful search. 4 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. I. 5 Appellant and co-defendant David Mattila were indicted on July 25, 1990 for violations of federal firearms…