United States v. Lewis Edward Franklin

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lewis Edward FRANKLIN, Defendant-Appellant. No. 90-30274. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 17, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Lewis Edward Franklin appeals his conviction, following entry of a conditional guilty plea, for possession with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A)(iii). Franklin contends that the district court erred by denying his motion to suppress evidence because the search of his automobile was neither properly incident to his arrest nor based on probable cause. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 This court reviews de novo a denial of a motion to suppress. United States v. Lillard, 929 F.2d 500, 502 (9th Cir.1991). The lawfulness of a search and seizure…