United States v. Alvaro Cervera

891 F.2d 296 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Alvaro CERVERA, Defendant-Appellant. No. 89-30012. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1989. Decided Dec. 4, 1989. Before BROWNING, ALARCON, and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM * 2 Defendant-appellant Cervera entered a conditional plea of guilty of possession with intent to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), and 18 U.S.C. § 2 . Cervera timely appeals from the district court's denial of his motion to suppress evidence seized at the time of his arrest and evidence seized pursuant to a post-arrest search warrant. 3 Federal Rule of Appellate Procedure 4(b) and Federal Rule of Criminal Procedure 11(a)(2) permit a defendant to challenge an order entering a conditional guilty plea by appealing the adverse determination of his…