United States v. Ben Saba Khan

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ben Saba KHAN, Defendant-Appellant. No. 91-30463. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 3, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ben Saba Khan appeals his conviction, following a jury trial, for possession with intent to distribute in excess of five grams of crack cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(B). Khan contends that the district court erred by denying his motion to suppress evidence because he did not voluntarily consent to the warrantless search of his car trunk. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Whether a consent to search was voluntary is a question of fact which we review for clear error. United States v. Childs, 944 F.2d 491, 495 (9th Cir.1991); United States v. Kaplan, 895 F.2d 618, 622…