United States v. Ladio A. Ortiz

Good Law
43 F.3d 1480·1994 WL 703152·1994 U.S. App. LEXIS 39863
United States Court of Appeals for the Ninth CircuitDecember 14, 199494-30177California748 words

Opinion

Opinion

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ladio A. ORTIZ, Defendant-Appellant. No. 94-30177. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Ladio A. Ortiz appeals his conviction following the entry of a conditional guilty plea for possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861 (d). Ortiz contends that the district court erred in denying his motion to suppress evidence seized during his arrest because: (1) law enforcement officers lacked the authority to arrest him so there was no search incident to a lawful arrest; and (2) the seizure of evidence was not justified by any other exception to the warrant requirement. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the district court's decision on a motion to suppress de novo and the…

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