United States v. James L. Jacks

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James L. JACKS, Defendant-Appellant. Nos. 94-30206, 95-30310. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1996. * Decided June 11, 1996. 1 Before: PREGERSON and TASHIMA, Circuit Judges, and JONES, District Judge. ** 2 MEMORANDUM *** 3 James Lee Jacks appeals his conditional guilty plea conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). In particular, Jacks appeals the denial of his motion to suppress evidence. We affirm. 4 State law enforcement officers retrieved a gun during a search of Jacks' car incident to his arrest based on their mistaken belief that he had violated a state court no-contact order regarding his estranged girlfriend Linda Despain when in fact the no-contact order had been rescinded four months prior to the search. 5 Nonetheless, there was probable cause independent of the…