United States v. Patrick v. Lezine

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 V. LEZINE, Defendant-Appellant. No. 94-30002. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 8, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Patrick V. Lezine appeals his conviction and sentence, imposed following the entry of a conditional guilty plea to two counts of possession with intent to distribute cocaine base (crack) in violation of 21 U.S.C. Sec. 841 and 18 U.S.C. Sec. 2 . Lezine contends that the district court erred in: (1) denying his motion to suppress evidence seized during a search incident to arrest because his arrest was unlawful, and (2) refusing to depart downward based upon the disparate impact of the cocaine base (crack) laws on African Americans. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. Suppression Motion 3 Lezine contends that his…