United States of America v. Alberto King, Jr., Appellant, 38 F.3d 610 (D.C. Cir. 1994)

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U.S. Court of Appeals for the District of Columbia Circuit - 38 F.3d 610 (D.C. Cir. 1994)

Oct. 7, 1994


Before: WALD, HENDERSON and RANDOLPH, Circuit Judges.

JUDGMENT

PER CURIAM.


This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 36(b). It is

ORDERED AND ADJUDGED that the conviction from which this appeal is taken be affirmed. The district court's finding that exigent circumstances justified a warrantless search of appellant's hotel room is fully supported by the record and is, therefore, not clearly erroneous. See Dorman v. U.S., 435 F.2d 385 (D.C. Cir. 1970). The warrantless search of King's hotel room was justified by " ' [t]he need to protect or preserve life or avoid serious injury.' " U.S. v. Timberlake, 896 F.2d 592, 596 (D.C. Cir. 1990) (quoting Mincey v. Arizona, 473 U.S. 385, 392 (1978)).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41.