United States v. Eusebio Diaz-Rosas

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eusebio DIAZ-ROSAS, Defendant-Appellant. No. 92-30411. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 1, 1993. Decided Oct. 1, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM * 2 Eusebio Diaz-Rosas was convicted of one count of possession with intent to distribute cocaine, and one count of conspiracy to possess with intent to distribute cocaine. He now appeals his conviction on the conspiracy charge, and his sentence of 108 months. 3 Appellant's first contention is that the district court erred in denying his motion to suppress the 2,999 grams of cocaine that were found concealed in an automobile in which the defendant was riding on November 5, 1991. The district court ruled that agents had probable cause to search the car, and, in the alternative, that the defendant had consented to the search. 4 We agree that…