Filed: Aug. 06, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4946 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VINCENT MATTHEW CIARAVELLA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CR-03-307) Submitted: June 23, 2004 Decided: August 6, 2004 Before MOTZ, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Frank W. Dunham, Jr., Federal P
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4946 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VINCENT MATTHEW CIARAVELLA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CR-03-307) Submitted: June 23, 2004 Decided: August 6, 2004 Before MOTZ, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Frank W. Dunham, Jr., Federal Pu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4946
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VINCENT MATTHEW CIARAVELLA,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (CR-03-307)
Submitted: June 23, 2004 Decided: August 6, 2004
Before MOTZ, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Frank W. Dunham, Jr., Federal Public Defender, Geremy C. Kamens,
Nia Ayanna Vidal, Assistant Federal Public Defenders, Alexandria,
Virginia, for Appellant. Paul J. McNulty, United States Attorney,
Michael J. Elston, Assistant United States Attorney, Elizabeth
Olson, Special Assistant United States Attorney, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Vincent Matthew Ciaravella appeals his conviction,
following a conditional guilty plea, for possession of a firearm
after a felony conviction in violation of 18 U.S.C. § 922(g)(1)
(2000). The district court sentenced him to fifty-seven months of
imprisonment, to be followed by a three-year term of supervised
release. Finding no error, we affirm.
Ciaravella contends that the district court erred when it
denied his motion to suppress the weapons found at his residence
because the warrantless search of his home was not justified under
the exigent circumstances exception to the warrant requirement. We
review the district court’s factual findings underlying a motion to
suppress for clear error, and the district court’s legal
determinations de novo. Ornelas v. United States,
517 U.S. 690,
699 (1996); United States v. Rusher,
966 F.2d 868, 873 (4th Cir.
1992). When a suppression motion has been denied, we review the
evidence in the light most favorable to the government. See United
States v. Seidman,
156 F.3d 542, 547 (4th Cir. 1998).
Police entered Ciaravella’s home without a warrant to
investigate a potential medical emergency and domestic dispute.
Ciaravella concedes that police were justified by the circumstances
in gaining initial entry into his home without a warrant. However,
he maintains that the entry into his bedroom, where the firearms
were found, was unnecessary to address the situation. We agree
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with the district court’s finding that police were justified in
entering Ciaravella’s bedroom to protect individuals inside the
home and insure their own safety. See Warden v. Hayden,
387 U.S.
294, 298-99 (1967).
Accordingly, we affirm Ciaravella’s conviction. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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