United States v. Richard Donald Benson, United States of America v. Rose Ellis, AKA Rose Cecilia Ellis

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Donald BENSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rose ELLIS, aka Rose Cecilia Ellis, Defendant-Appellant. Nos. 92-10559, 92-10560. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1993. Decided Nov. 17, 1993. Before: FERGUSON, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 1. Standing 2 A defendant must have a "legitimate expectation of privacy" in an area to contest the validity of a search of that area. Rakas v. Illinois, 439 U.S. 128, 149 (1978). Benson had no such expectation as to Rose Ellis's residence on Roxboro. The district court did not err in determining that Benson lacked standing to challenge this search. 3 As the owner and occupant of the Argone residence, however, Benson had standing to challenge that search. Rakas v. Illinois, 439 U.S. at 133-34 . Benson also had…