Lopez

Corrected Reprint 3/19/

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30347 Plaintiff-Appellee, v.  D.C. No.

CR-04-114-KI

HOSVALDO LOPEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Garr M. King, District Judge, Presiding

Argued and Submitted May 5, 2006—Portland, Oregon

Filed March 12, 2007

Before: William A. Fletcher, and John T. Noonan, Circuit Judges, and Louis H. Pollak,* District Judge.

Opinion by Judge Pollak; Concurrence by Judge Noonan

*Honorable Louis H. Pollak, United States District Court Judge for the Eastern District of Pennsylvania, sitting by designation. COUNSEL

Bryan E. Lessley, Office of the Federal Public Defender, Eugene, Oregon, for the appellant.

Charles W. Stuckey (argued) and Karin J. Immergut, Office of the United States Attorney, Portland, Oregon, for the appel- lee.

OPINION

POLLAK, District Judge:

In February 2005, the District Court of Oregon denied defendant Hosvaldo Lopez’s pretrial motion to suppress evi- dence found in his car. Lopez…