United States v. Michael Valentine Rosi, AKA Michael Valentine Edwards, AKA Michael Valentine, AKA Michael Edwards, AKA Michael Valentine Rose

Opinion by Judge Orrick.

Defendant, Michael Valentine Rosi, was found guilty by a jury of transporting stolen property interstate in violation of 18 U.S.C. § 2814 . He appeals claiming the district court erred in denying (1) his motion to suppress evidence obtained in a warrantless entry and search allegedly in violation of his Fourth Amendment rights, and (2) his motion to dismiss the indictment because it failed to identify the states between which the evidence was transported. We affirm.

I.

This case involves the theft and interstate transportation of $249,000 stolen from Mr. Joseph Onofrio. Onofrio kept the money in a safe in his garage. On January 22, 1992, an “electrical repairman,” later identified as Rosi, appeared at Onofrio’s house, and after some conversation with Onofrio, suggested that Onofrio go in the house to disconnect household appliances. Onofrio did so and when he returned to the garage, he found that the safe was missing and the “repairman” gone.

FBI agents arrested Rosi on March 25, 1992, at a ski resort near Denver, Colorado. At the time of his arrest Rosi was with Susan Barber, in whose name the condominium where they were staying had been rented.…