McVay

MEMORANDUM **

Gordon McVay challenges his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g) and 924. He makes nine arguments and we address each in turn.

McVay first claims that the officers’ protective sweep and subsequent search were flawed. We review de novo the district court’s denial of his suppression motion, United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc), and review for clear error the district court’s factual findings underlying that decision. United States v. Bynum, 362 F.3d 574, 578 (9th Cir.2004). We conclude that the district court did not clearly err in finding that the protective sweep of McVay’s bedroom was warranted for officer safety and the safety of others. In addition, once they were lawfully inside the bedroom, it is uncontested that the officers saw the incriminating evidence in plain view. Thus, the district court properly deemed the evidence admissible under the plain-view exception to the warrant requirement. Furthermore, the officers sought and received a valid search warrant to search McVay’s bedroom based on probable cause. We find that there is no basis for McVay to challenge the…