Faulkner

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10405 Plaintiff-Appellee, v.  D.C. No.

CR-04-05077-REC

DONALD E. FAULKNER,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of California Robert E. Coyle, Senior Judge, Presiding

Argued and Submitted February 16, 2006—San Francisco, California

Filed June 13, 2006

Before: Stephen Reinhardt, Richard A. Paez, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman; Concurrence by Judge Reinhardt

6569 6572 UNITED STATES v. FAULKNER

COUNSEL

Mark A. Lizarraga, Assistant Federal Public Defender, Fresno, California, for the defendant-appellant. UNITED STATES v. FAULKNER 6573 Stanley A. Boone, Assistant United States Attorney, Fresno, California, for the plaintiff-appellee.

OPINION

TALLMAN, Circuit Judge:

Donald E. Faulkner (“Faulkner”) appeals the district court’s denial of his motion to suppress evidence. Faulkner was cited for driving while his license was suspended and for driving in possession of an open container of alcohol.…