McGregor

MEMORANDUM *

Appellant Russell David McGregor (“McGregor”) entered a conditional plea of guilty to one count of violating 21 U.S.C. § 846 and one count of violating 21 U.S.C. § 841 (a)(1). McGregor appeals the district court’s order denying his motion to suppress evidence seized during the search of his apartment. McGregor contends that law enforcement officers failed to comply with the knock and announce requirement of 18 U.S.C. § 3109 and therefore violated his Fourth Amendment right against unlawful search and seizure. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

*854 I.

McGregor contends that the officers’ immediate entry into his residence after the door opened 1 was improper because McGregor had not affirmatively or impliedly refused the officers admittance and there were no exigent circumstances prior to the officer’s announcement. 2 We have held that simultaneous, no-refusal entry is permissible under § 3109 if at least mild exigent circumstances exist. United States v. VonWillie, 59 F.3d 922, 925-26 (9th Cir.1995). Exigent circumstances are “those circumstances that would cause a reasonable person to believe that entry ... was necessary to prevent…