United States v. Victor Geroya McMillan

5 F.3d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Victor Geroya McMILLAN, Defendant-Appellee. No. 93-10021. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Appeal from the United States District Court for the District of Nevada, No. CR-92-00209-PMP; Philip M. Pro, District Judge, Presiding. D.Nev. AFFIRMED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals the district court's order suppressing cocaine and money seized from Victor McMillan. The government argues that the warrantless search of McMillan's rental car was proper because McMillan consented to the search and because the officers had probable cause to search the vehicle. We have jurisdiction pursuant to 18 U.S.C. Sec. 3731 (appeal by United States of suppression orders), and we affirm. 3 * On August 20, 1992, McMillan's rented Lincoln Continental was stopped…