United States v. Nathan Nwobi

MEMORANDUM

Defendant Nathan Nwobi appeals his conviction for one count of conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846 , two counts of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1), and two counts of maintaining premises for the purpose of manufacturing, distributing, and using marijuana in violation of 21 U.S.C. § 856 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

1. The district court did not err in denying Nwobi’s motion to suppress evidence obtained through a warrantless search of a commercial waste container. Officers searched a waste bin located in a shared parking lot of a business park. The waste receptacle was visible from the street, the gate surrounding the business park was open, and the commercial waste bin was not locked. Because Nwobi had sufficiently exposed the contents of the waste container to the public, he lacked an objectively reasonable expectation of privacy in his trash. California v. Greenwood, 486 U.S. 35, 40 , 108 S.Ct. 1625 , 100 L.Ed.2d 30 (1988).

2. The district court did not err in denying Nwobi’s motion to suppress evidence obtained pursuant…