United States v. Patrick Burke

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick BURKE, Defendant-Appellant. No. 92-50436. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1994. * Decided Jan. 20, 1994. 1 Before: GOODWIN and HALL, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Patrick Burke appeals his conviction after a jury trial for conspiracy to distribute and possession with intent to distribute one kilogram of cocaine. We have jurisdiction over this timely appeal and AFFIRM. I. MOTION TO SUPPRESS 4 Motions to suppress present mixed questions of law and fact which we review de novo. United States v. Mejia, 953 F.2d 461, 464 (9th Cir.1991), cert. denied, 112 S.Ct. 1983 (1992). The district court's underlying factual findings are reviewed for clear error. Id. We review de novo whether or not "certain types of actions give rise to an inference of consent to search...." Id., at 465. And, finally, we…