United States v. Barry v. Preston

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Barry V. PRESTON, Defendant-Appellant. No. 95-32018. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1996. Decided June 18, 1996. Before: LAY, * FERGUSON, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Barry V. Preston ("Preston") pled guilty to theft of government property and was sentenced to one year of probation. He appeals the two special conditions of probation: that he is (1) required to submit to warrantless searches of his person, residence, and place of employment for the presence of stolen goods or drugs; and (2) required to submit to periodic drug testing. We affirm the conditions of probation, but remand to the district court to revise the condition of the warrantless searches in accordance with the discussion which follows. FACTS 3 On November 8, 1994, Preston, a twenty-year old male, was caught stealing two video games from…