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U.S. v. MARTINEZ-GARCIA

No. 03-30532.

397 F.3d 1205 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador MARTINEZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2005.

Attorney(s) appearing for the Case

Tonia L. Moro, Assistant Federal Public Defender, for the defendant-appellant.

Karin J. Immergut, United States Attorney, Douglas W. Fong, Assistant United States Attorney, for the plaintiff-appellee.

Before: WALLACE, GOULD, and BEA, Circuit Judges.

GOULD, Circuit Judge:

Salvador Martinez-Garcia appeals his conviction for possessing a firearm as an illegal alien, in violation of 18 U.S.C. § 922(g)(5) (2000). Martinez-Garcia argues that the firearm, seized pursuant to a search warrant for his home, should have been suppressed due to alleged violations of the Fourth Amendment and Federal Rule of Criminal Procedure 41. Both arguments turn on the fact that state police officers began their search while waiting...

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