Tate

MEMORANDUM *

Andrew Tate was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g), and was sentenced to a term of imprisonment of 110 months and a 3-year term of supervised release. Tate appeals the district court’s denial of his motion to suppress evidence and the *818 two-level sentence enhancement for possessing three additional firearms.

Denials of motions to suppress are reviewed de novo. United States v. Percy, 250 F.3d 720, 725 (9th Cir.2001). The district court’s factual findings with regard to the motion to suppress are reviewed for clear error. Id. Factual findings in the sentencing phase are also reviewed for clear error. United States v. Caperna, 251 F.3d 827, 830 (9th Cir.2001).

DISCUSSION

I. Suppression of Firearms

At trial, Tate moved to suppress the five firearms found at the house he shared with Misty McCoy. He argues on appeal that because the seizure of the firearms exceeded the scope of the search warrant, the firearms evidence should have been suppressed at trial.

Under the plain view exception to the warrant requirement, officers may seize an object without a warrant if they are lawfully in a position from which to…