United States v. Justin Izatt

MEMORANDUM

Justin Izatt appeals from his conviction and sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A). Izatt argues that the district court (1) erred in denying his motion to suppress evidence found after a search of his residence, (2) imposed a mandatory life sentence in violation of the Eighth Amendment, and (3) abused its discretion in admitting prior bad acts evidence under Fed.R.Evid. 404(b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Motion to Suppress

Izatt argues that the district court should have granted his motion to suppress, because (1) the terms of his state probation, which allow the police to search his residence, were “tolled” at the time of the search of his residence, and (2) the police did not have reasonable suspicion to search his residence. We review the district court’s denial of a motion to suppress de novo, and the underlying factual findings for abuse of discretion. United States v. Mayer, 560 F.3d 948, 956 (9th Cir.2009).

At the time of the search of his residence, Izatt was on state probation for a misdemeanor conviction for driving without…