Figueroa

MEMORANDUM **

Ricardo Anthony Figueroa (“Figueroa”) appeals the district court’s denial of his motion to suppress the firearm seized from his apartment on May 5, 2003, when the police went to Figueroa’s apartment in response to a 911 call indicating a domestic disturbance. After the district court denied the motion to suppress, Figueroa was convicted of unlawful possession of a firearm and sentenced to 3 years and 5 months in prison followed by 3 years of supervised release. We affirm the district court’s denial of Figueroa’s motion to suppress and the resulting conviction.

We review de novo the lawfulness of a search under the Fourth Amendment and review the district court’s factual findings for clear error. Ornelas v. United States, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996).

The Supreme Court has noted that “physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.” Payton v. New York, 445 U.S. 573, 585 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980) (quoting United States v. United States District Court, 407 U.S. 297, 313 , 92 S.Ct. 2125 , 32 L.Ed.2d 752 (1972)). “Searches and seizures inside a home without a…