United States v. Donato Vega

MEMORANDUM

Defendant-Appellant Donato Valle Vega (“Vega”) appeals his conviction and sentence for possession of methamphetamine and cocaine with intent to distribute. Vega argues that the district court erred when it 1) denied his motion to suppress evidence including drugs and guns seized from his business and two other locations; 2) selected two alternate jurors but did not grant Vega an additional peremptory challenge and then designated the alternate jurors via a blind lottery at the close of the case; 3) denied his request for a duress jury instruction; and 4) failed to provide an adequate explanation for his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. We review de novo the district court’s denial of Vega’s motion to suppress, though we review for clear error its factual finding that consent was voluntary. See United States v. Brown, 563 F.3d 410, 414 (9th Cir.2009). “[EJvidence regarding the question of consent must be viewed in the light most favorable to the fact-finder’s decision.” Id. (citations and internal quotation marks omitted). The district court noted that (1) Vega was not in custody when he consented to the searches; (2) the…