Rodriguez

MEMORANDUM **

Appellant Luis C. Rodriguez appeals (1) the district court’s order denying his mo *535 tion to suppress evidence obtained during a search of his residence, and (2) the district court’s order denying his motion for new trial. Rodriguez also asks this court to review his claim of ineffective assistance of counsel (“IAC”) on direct appeal. Rodriguez argues that the affidavit accompanying the search warrant did not directly link him and his alleged crimes to the residence, and that there was no exigency justifying the warrantless search. He also argues that the district court applied the incorrect standard on his new trial motion. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

This court reviews a district court’s denial of a motion to suppress de novo. United States v. Decoud, 456 F.3d 996, 1007 (9th Cir.2006). Whether exigent circumstances justify a warrantless search is a mixed question of law and fact reviewed de novo. United States v. Russell, 436 F.3d 1086 , 1089 n. 2 (9th Cir.2006).

A warrantless search is permissible if (1) there is probable cause to search; and (2) exigent circumstances justify the search. Bailey v. Newland, 263 F.3d 1022,…