Garibay

MEMORANDUM **

Luis Enrique Garibay appeals his conviction and 235-month sentence for violating the felon in possession provisions of 18 U.S.C. § 922 (g)(1). Garibay argues the district court erred when it refused to suppress a gun discovered following his arrest, and imposed a procedurally and substantively unreasonable sentence.

The parties are familiar with the facts and we do not repeat them here. We AFFIRM.

A. Arrest and Search Incident to Arrest

On appeal, Garibay argues: (1) the district court erred in finding he lacked Fourth Amendment standing to challenge the entry into his sister’s house; (2) the entry into his sister’s house was illegal because the officers lacked a reasonable belief he could be found there; and (3) the district court erred in holding the officers seized the handgun as part of a lawful search incident to arrest.

Even assuming that Garibay had standing as an overnight guest, the officers properly arrested him and searched his room incident to that arrest.

1. Arrest

An arrest warrant by itself gives the government authority to enter a residence only if “there is reason to believe the suspect is within.” United States v. Gooch, 506 F.3d 1156, 1158…