United States v. Salvador Pacheco-Garcia

MEMORANDUM

Defendants-Appellants Salvador Pacheco-Garda and Mauro Barrera-Moreno (“Defendants”) appeal the district court’s denial of their motions to suppress evidence in connection with their convictions for possession of methamphetamine with the intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 .

The facts are known to the parties and we do not recite them here.

I. Factual Findings and Credibility Determination

This Court reviews findings of fact regarding motions to suppress for clear error. See Fed.R.CivP. 52(a)(6); United States v. Prieto-Villa, 910 F.2d 601, 604 (9th Cir.1990). Review under the clearly erroneous standard is significantly deferential, requiring a “definite and firm conviction that a mistake has been committed.” Easley v. Cromartie, 532 U.S. 234 , 242, 121 S.Ct. 1452 , 149 L.Ed.2d 430 (2001) (internal quotation marks omitted). Credibility determinations are given particular deference. See Fed.R.CivP. 52(a)(6); Rozay’s Transfer v. Local Freight Drivers, 850 F.2d 1321, 1327 (9th Cir.1988).

We accept the district court’s factual findings and credibility determination of the Agents…