Lopez-Armenta

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-10081 Plaintiff-Appellee, D.C. No. v.  CR-03-00154-

SAUL LOPEZ-ARMENTA, HDM(VPC)

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding

Submitted December 8, 2004 San Francisco, California

Memorandum Disposition Filed December 20, 2004 Withdrawn March 10, 2005

Filed March 10, 2005

Before: Alex Kozinski, William A. Fletcher, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee COUNSEL

Michael K. Powell, Assistant Federal Public Defender, Reno, Nevada, for the appellant.

Craig S. Denney, Assistant United States Attorney, Reno, Nevada, for the appellee.

OPINION

BYBEE, Circuit Judge:

Saul Lopez-Armenta was indicted for various charges related to the possession and distribution of methamphet- amine and cocaine. After unsuccessfully moving to suppress evidence obtained through a search of his vehicle, Lopez entered an unconditional plea of guilty as to all counts listed in the…