United States v. James Henderson Haines

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Henderson HAINES, Defendant-Appellant. No. 93-10228. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 16, 1994. Decided July 7, 1994. 1 Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges 2 MEMORANDUM * 3 James Henderson Haines appeals his jury conviction for possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861 (d). He claims that the district court should have granted his motion to suppress certain evidence seized by apartment house security guards during a search of his apartment at the Carey Arms Apartments. The guards, he asserts, were acting as government agents when they executed the search. He also claims that his post-arrest statements were the fruit of the illegal apartment search, the product of coercion and the result of an involuntary waiver by him of his Miranda rights. 4 We affirm. A. The Search 5…