United States v. Darrin Afemata

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darrin AFEMATA, Defendant-Appellant. No. 93-50840. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 20, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Darrin Afemata appeals his conviction, following a jury trial, of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Afemata contends the district court erred by denying his motion to suppress evidence which was seized pursuant to a warrantless search of his vehicle. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 We review the district court's decision on a motion to suppress de novo, and its underlying factual findings for clear error. United States v. Becker, 23 F.3d 1537, 1539 (9th Cir.1994). The determination of probable cause to support a warrantless arrest is a mixed question of…