United States v. Brett Combs

MEMORANDUM **

Brett Combs appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We affirm Combs’s conviction and remand for re-sentencing.

1. The district court did not clearly err in finding that Combs was subject to a parole search condition authorizing war-rantless searches of his place of residence. See United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir.2009) (en banc); United States v. Howard, 447 F.3d 1257 , 1262 n. 4 (9th Cir.2006). Although Combs argues on appeal that the government introduced no evidence of his parole condition, in the district court, Combs himself cited the arrest report as evidence that he was subject to a warrantless search condition.

The officers had probable cause to believe that Combs lived at the searched residence. See Howard, 447 F.3d at 1262 *671 & n. 4. Based on the officers’ testimony, the district court found that on the morning of the search, the parole office received a fax reporting that Combs had moved to the address searched later that day, and that “as far as [the parole office] knew, the fax came from Combs himself.” Such information was “sufficient to support a belief, in a…

concurring (for the most part):

I would affirm both the conviction and sentence. I believe sufficient evidence supported the defendant’s conviction for possession of the semiautomatic rifle and thus see no need to remand for resentenc-ing.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAR 06 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 12-10063

Plaintiff - Appellee, D.C. No. 2:10-cr-00173-KJD-

RJJ-

v.

BRETT COMBS, MEMORANDUM*

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Argued and Submitted February 14, 2013 Pasadena, California

Before: BERZON and WATFORD, Circuit Judges, and RAKOFF, Senior District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Jed S. Rakoff, Senior District Judge for the U.S. District Court for the Southern District of New York, sitting by designation. Brett Combs appeals his conviction for being a felon in possession of a

firearm, in violation of 18 U.S.C. § 922(g)(1). We affirm Combs’s conviction and

remand for re-sentencing.

1. The district court did not clearly err in finding that Combs was subject…