United States v. Jose Sanchez-Montoya

54 F.3d 786 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose SANCHEZ-MONTOYA, Defendant-Appellant. No. 94-30225. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1995. Decided May 17, 1995. Before: BROWNING, REAVLEY * , and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Sanchez-Montoya appeals his conviction for cocaine possession and illegal reentry into the United States. We AFFIRM. 3 * Sanchez-Montoya argues that Operation Round #1 violated the Fourth Amendment because it was done without prior judicial authorization. Prior judicial approval is not necessary when the action taken by the police involves neither a search nor a seizure within the meaning of the Fourth Amendment. 1 Operation Round #1 involved a large number of law enforcement officers dispersing into the Old Town area of Portland to make undercover drug purchases. The undercover purchase of illegal narcotics constitutes neither a…