United States v. Javier Valenzuela-Portillo

985 F.2d 577 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Javier VALENZUELA-PORTILLO, Defendant-Appellant. No. 90-30022. United States Court of Appeals, Ninth Circuit. Submitted Dec. 11, 1992. * Decided Feb. 3, 1993. Before WALLACE, Chief Judge, and SKOPIL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Javier Valenzuela-Portillo (Valenzuela) appeals the district court's denial of his motion to suppress six kilograms of cocaine and slightly less then one kilogram of heroin found in a suitcase carried by his co-defendant, Martin Portillo-Lopez (Portillo), after a search by an immigration agent at Seattle-Tacoma International Airport (Sea-Tac). Valenzuela's motion was denied on the grounds that he lacked standing to object to the search and both he and Portillo consented to the search. 3 Valenzuela argues that prior to the search of the suitcase he was unlawfully detained by Agent Cook. We disagree. Absent restraint on a…