United States v. Hector Ruben Lopez, A/K/A Hector Ruben Pirate, Ruben Hector, Ruben "Pirate" Lopez-Hector

Hector Ruben Lopez appeals his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Lopez argues that his conviction should be overturned because his federal prosecution was initiated in retaliation for his refusal to cooperate with FBI investigators, and because the police seized the incriminating methamphetamine during an unconstitutional parole search. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

I

Under California law, every prisoner eligible for release on state parole “shall agree in writing to be subject to search or seizure by a parole officer or other peace officer at any time of the day or night, with or without a search warrant and with or without cause.” Cal. Penal Code Ann. § 3067(a) (West 2000). In 1998, Lopez was paroled for an earlier conviction. As a condition of his parole, he agreed to and signed a notice that stated, “[y]ou and your residence and any property under your control may be searched without a warrant by an agent of the Department of Corrections or any law enforcement officer.”

In June 2001, Lopez was a suspected member of an Ontario, California…