United States v. Delgario Lemos-Mendoza

19 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Delgario LEMOS-MENDOZA, Defendant-Appellant. No. 93-30117. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 25, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Delgario Lemos-Mendoza appeals his conviction following jury trial for conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Lemos-Mendoza contends the district court erred by denying his motion to suppress evidence of cocaine discovered in the vehicle he was driving because the government failed to prove he gave valid consent for the search. The government counters that our decision in a co-defendant's appeal is law of the case. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 The doctrine of law of the case "precludes a court from re-examining issues previously decided by the…