United States v. Freddie Martin

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Freddie MARTIN, Defendant-Appellant. No. 90-50277. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 12, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Freddie Martin appeals his jury conviction for possession with intent to distribute phencyclidine in violation of 21 U.S.C. § 841 (a)(1). Martin contends that the district court erred by denying his motion to suppress the evidence of the narcotics because the bag it was in was seized pursuant to an arrest that lacked probable cause. The government counters that the evidence was recovered following abandonment by Martin, and thus was not seized pursuant to his arrest. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 "A determination of abandonment is a factual finding that we review for clear error. Because…