United States v. Gary Lee Roberson

61 F.3d 914 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Lee ROBERSON, Defendant-Appellant. No. 94-30216. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1995. Decided July 11, 1995. Before: WRIGHT, POOLE, and WIGGINS, Circuit Judges. 1 MEMORANDUM * FACTS 2 On October 26, 1993, Gary Lee Roberson was arrested pursuant to a warrant in a house at 3505 5th Avenue North, Great Falls, Montana. The warrant identified Roberson's address as a bungalow behind the house, but the evidence at trial indicated that he spent a lot of time at the house with Susan Brown, who lived there. When the warrant was executed, Roberson and Brown were in the bedroom of the house. 3 As Roberson was being led out of the house by the arresting officers, he stated that he was diabetic and needed his insulin. Brown, accompanied by Officer Lockerby, went into the bedroom to retrieve the insulin, but she could not find…