Castillo

United States v. Castillo

Good Law
48 F. App'x 611
United States Court of Appeals for the Ninth CircuitSeptember 30, 2002No. 01-50370; D.C. No. CR 00-518-ABCCalifornia1,519 words

Opinion

Lead Opinion

MEMORANDUM **

Christopher Castillo appeals his jury conviction for possession of two firearms by a felon in violation of 18 U.S.C. § 922 (g)(1). Castillo contends that the District Court erred in denying his motion to suppress the firearms because law enforcement officers conducted an unlawful search of the rifle case containing one of the firearms and the officers’ discovery of the other firearm was the fruit of that unlawful search. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history of this case, we mention only those facts necessary to explain our decision.

We review a district court’s denial of a motion to suppress evidence de novo. United States v. Stokes, 292 F.3d 964, 966 *613 (9th Cir.2002); United States v. Murillo, 255 F.3d 1169, 1174 (9th Cir.2001), cert. denied, — U.S.-, 122 S.Ct. 1342 , 152 L.Ed.2d 245 (2002). The district court’s factual findings underpinning its denial of a motion to suppress are reviewed for clear error. United States v. Gill, 280 F.3d 923, 928 (9th Cir.2002); Murillo, 255 F.3d at 1174 .

As a general rule, a warrantless search or seizure carried out in a…

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