United States v. Keith Imel

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Keith IMEL, Defendant-Appellant. No. 95-36147. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 14, 1996. Before: CANBY, JOHN T. NOONAN, JR., and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Keith Imel appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence under the Sentencing Guidelines for his guilty plea conviction of maintaining a drug establishment in violation of 21 U.S.C. § 856 (a)(1). 3 Imel contends that evidence seized from his home should be excluded because the National Guard assisted in the search in violation of the Posse Comitatus Act, 18 U.S.C. § 1385 . Although Imel waived his right to challenge the search and seizure as part of his plea agreement, he contends because the law changed after the time for Imel to bring the issue…