United States v. Jose Portillo-Lopez

MEMORANDUM

Defendant Jose David Portillo-Lopez appeals from the district court’s denial of his motion to suppress evidence and from his sentence for conspiring to possess and possessing heroin with the intent to distribute it. We review de novo the district court’s disposition of a motion to suppress evidence. United States v. Ewing, 638 F.3d 1226, 1229 (9th Cir.2011). We review the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Sentencing Guidelines to the facts of the case for abuse of discretion, and the district court’s factual findings for clear error. United States v. Rosas, 615 F.3d 1058, 1066 (9th Cir.2010).

1. Defendant waived his opportunity to challenge the district court’s denial of his motion to suppress when he entered an unconditional guilty plea to the charges against him. See United States v. Lopez-Armenta, 400 F.3d 1173, 1175 (9th Cir.2005) (“[I]t is well-settled that an unconditional guilty plea constitutes a waiver of the right to appeal all nonjurisdictional antecedent rulings and cures all antecedent constitutional defects.”). We therefore do not address that issue on the merits.

2. We find no…