United States v. Miguel Gabriel Ayarza

Appellant Miguel G. Ayarza appeals his conviction of possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) (1982), and his sentence of 78 months imprisonment, four years of supervised release, and a $3500 fine. Appellant entered a conditional plea of guilty, reserving his right to challenge the district court’s denial of his motion to suppress evidence seized by Alaska State Troopers after they exposed his carry-on luggage to trained narcotics detection dogs. Further, Appellant challenges the propriety of his sentence, which the district court imposed according to the terms of the Sentencing Guidelines. The district court had jurisdiction of this case under 18 U.S.C. § 3231 (1982). We have jurisdiction under 28 U.S. C. § 1291 (1982). We affirm.

I

A

One month prior to arresting Appellant, Trooper A1 Storey had observed him conversing with United Airlines ticketing agents. Trooper Storey’s attention had been drawn to Appellant because the agents had denied him access to a flight bound for New York, believing him to be under the influence of a controlled substance. One month later Trooper Storey’s attention was again drawn to Appellant after…