Legal Opinion

United States v. Garibay

Court of Appeals for the Ninth Circuit

Decided March 17, 2009No. 07-10507PublishedCited by 2 opinions

1Opinion of the Court

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…

2Cases cited21 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. Chimel v. CaliforniaSupreme Court of the United States · 1969
  5. Rita v. United StatesSupreme Court of the United States · 2007

16 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. United States v. GaribayCourt of Appeals for the Ninth Circuit · 2009
  2. United States v. GaribayCourt of Appeals for the Ninth Circuit · 2009

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