Tate

MEMORANDUM *

Defendant 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 appealed the district court’s denial of his motion to suppress evidence and the two-level sentence enhancement for possessing three additional firearms. We affirmed Tate’s conviction and sentence in a memorandum disposition. United States v. Tate, 99 Fed. Appx. 817 (9th Cir.2004) (unpublished disposition). The Supreme Court vacated that disposition and remanded to this court in light of United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Tate v. United States, — U.S. -, 125 S.Ct. 1060 , 160 L.Ed.2d 999 (2005). We affirm Tate’s conviction, but remand the sentence to the district court.

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.

DISCUSSION

I. Suppression of Firearms

At trial, Tate moved to suppress the five firearms found at the house he shared with…