United States v. Ernesto Castro Gaxiola

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ernesto Castro GAXIOLA, Defendant/Appellant. No. 93-50832. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 22, 1994. Before: FARRIS, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Ernest C. Gaxiola entered a conditional plea of guilty to one count of possession with the intent to distribute more than 500 grams of cocaine, 21 U.S.C. Sec. 841 (a)(1) and one count of distributing cocaine within one thousand feet of a school, 21 U.S.C. Secs. 841 (a)(1), 860(a), reserving his right to appeal the district court's denial of his motion to suppress. That appeal is now before us. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. BACKGROUND 3 On September 29, 1992, DEA Special Agent Karen E. Rossi filed an affidavit in support of the government's application for an order authorizing interception of wire…