United States v. Donald Roy Smith, Jr.

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Roy SMITH, Jr., Defendant-Appellant. No. 91-30443. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 10, 1992. Before POOLE, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Donald Roy Smith appeals his conviction, following a plea of guilty, for one count of possession with intent to distribute methamphetamine in violation of 18 U.S.C. § 841 (a)(1) and one count of carrying a firearm in violation of 18 U.S.C. § 924 (c)(1). Smith contends that the district court erred by denying his motion to suppress. Specifically, Smith contends that the search of the vehicle he was driving at the time of his arrest was invalid because the search warrant was overbroad and the supporting affidavit lacked probable cause. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district…