United States v. Roberto Fuentes Romero

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roberto Fuentes ROMERO, Defendant-Appellant. No. 88-5426. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1993. * Decided Aug. 11, 1993. 1 Before: BROWNING, FARRIS, and KELLY, ** Circuit Judges 2 MEMORANDUM *** 3 The parties are familiar with the facts and issues presented; we will not restate them here. 4 Romero does not have standing under Minnesota v. Olson, 495 U.S. 91 (1990). He failed to show he was an overnight guest of Flores at the time of the contested search, cf. id. at 94 , 97 n. 6 (overnight guest spent night immediately preceding challenged search, had a change of clothes, and remained a guest on day of search), and he lacked any other basis for a reasonable expectation of privacy in Flores's apartment. He paid no rent and kept no possessions there. He had no key and had to ask permission whenever he wished to use the apartment. Cf.…