Hedrick

MEMORANDUM *

Timothy Allen Hedrick pled guilty to felony possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Hedrick contends a home visit by probation officers constitutes a search requiring reasonable suspicion. He also claims that § 922(g)(1) unconstitutionally exceeds Congress’s Commerce Clause authority. Lastly, he seeks resentencing pursuant to Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), for a two-level enhancement.

*872 Hedrick did not have a reasonable expectation of privacy with respect to the home visit because (1) he was informed in his post-prison supervision agreement that probation officers would conduct home visits, see United States v. Kincade, 379 F.3d 813, 827-28 (9th Cir.2004) (en banc); (2) probationers enjoy only conditional liberty, see Griffin v. Wisconsin, 483 U.S. 868, 874 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987), United States v. Harper, 928 F.2d 894 , 896 & n. 1 (9th Cir.1991); (3) any such expectation of privacy is not one that society recognizes as reasonable, see United States v. Knights, 534 U.S. 112, 119-20 , 122 S.Ct. 587 , 151 L.Ed.2d 497 (2001); and (4) one of the primary tasks of a probation…