requiring a ‘definite and firm conviction that a mistake has been committed,’ ” Concrete Pipe & Prods, v. Construction Laborers Pension Trust, 508 U.S. 602, 623, 113 S.Ct. 2264, 124 L.Ed.2d 539 (1993) (citation omitted), the district court did not clearly err in finding that Fritts voluntarily consented to the search of his apartment. 4. The FBI agents did not violate the knock-notice rule of 18 U.S .C. § 3109 in executing the federal arrest warrant for Fritts. Section 3109 allows an officer with a warrant to “break open any outer or inner door or window of a house” only after giving “notice of his authority and purpose.” Here, Fritts opened the door, and therefore the requirements of the statute were never invoked. See United States v. Phillips, 149 F.3d 1026, 1029 (9th Cir.1998) (<HOLDING>), cert. denied, 526 U.S. 1052, 119 S.Ct. 1359,
holding that apprendi does not apply retroactively holding that tolling does not apply to additional defendants who were not named in the class action holding that  1447c does not apply to counsel holding that  3109 does not apply to officers who enter through open doors holding that antelitem notice statute did not apply to claims for violations of the open meetings act